- The High Court has planned to give a decision on one of the applications in the case related to the removal from power of Rigathi Gachagua
- A three-judge panel on Thursday, February 26, set the date for a decision on the petition filed by businessman Joseph Aura
- Aura opposes the constitutional validity of Kithure Kindiki’s appointment and wants her case to be heard by a panel of five judges
A three-judge panel has set a date on which it will give its decision in a case where a businessman is asking a five-judge panel to be given the opportunity to hear his request, which wants to remove the Deputy President from office Kithur Kindiki.
Source: Facebook
The request related to the removal from power of the former vice president Rigathi Gachagua submitted on October 2024 by Joseph Aura.
Justices Eric Ogolla, Anthony Mrima, and Wilfrida Mugambi are now expected to deliver their verdict in the landmark legal case on March 19.
Why does the businessman want the Gachagua case to be handled by a panel of five judges
Expressing his opinion on Thursday, February 26, lawyer Harrison Kinyanjui asked the court to confirm the case for hearing by an expanded panel of five judges, saying that the matter raises serious constitutional questions that require extensive judicial investigation.
“For the reasons stated in the body of the motion, together with the supporting affidavit, important issues of law have been raised in the amended petition, thus justifying your Boss’s consideration for the approval of a panel of five judges,” Kinyanjui said.
In the amended petition, Aura says that Kindiki was sworn in as Deputy President outside the constitutional parameters and is in office illegally because he did not resign as a Cabinet Minister when he was appointed to the new position.
“Whether an incumbent, being the Minister of Interior and National Coordination, can legally be appointed as Deputy President without resigning or being removed from that position is a major legal issue that has never arisen in our legal debate,” the court papers read in part.
Aura insists that no announcement of the suspension of Kindiki as Minister was ever made (until today); action that violates the constitution.
Lawyer Kinyajui further said that his client had officially written to the Chief Justice Martha Koome seeking the expansion of the current bench shortly after the judgment of the Court of Appeal was issued on May 9, 2025, and to cancel the bench previously created under the hand of the Deputy Chief Justice.
“The Chief Justice responded through a letter dated January 23, 2025, directing that the request be followed up before the court of first instance. The request to expand the original bench or completely reconstitute it should be made before the Court of First Instance. This will give other parties an opportunity to respond and the court to make a decision,” Kinyanjui read from the communication of the Chief Justice.
He added that his client’s request followed the instructions given by the Chief Justice under his authority as given to him by the Constitution.
What did Koome direct about the cases of Gachagua’s removal from power?
Therefore, he told the court that the Chief Justice’s order had constitutional weight and unquestionable authority.
“The legitimate expectation of this plaintiff is that a decision will be made regarding the request to expand the bench as directed by the Chief Justice. The court must now decide if the dispute meets the threshold of being placed on a constitutional bench of five judges,” he said.
Lawyer Kinyanjui emphasized that this matter goes beyond private parties and has a great impact on the public interest, especially regarding electoral representation in states whose MPs died during the alleged removal of power without replacement and without IEBC.
Source: Original
In court papers, Aura says that if the President William Ruto would be declared mentally incompetent or otherwise unable to hold office, the country may face a major constitutional crisis, faced with the Vice President appointed unconstitutionally as head of state.
Are the cases about Gachagua’s removal from power still in court?
Earlier, TUKO.co.ke reported that the High Court had set hearing dates for all cases related to Gachagua’s removal from power.
Several cases are still in court, including one where Gachagua wants compensation for being illegally removed from power.
The court set three different dates in February, April and May 2026 where the cases will be heard.
Read ENGLISH VERSION
Do you have an exciting story that you would like us to publish? Please contact us via news@tuko.co.ke or WhatsApp: 0732482690.
Source: TUKO.co.ke
