Kenyan businessman Joseph Enock Aura has filed a complaint with the Judicial Service Commission (JSC) seeking the removal of three High Court judges handling his case challenging Deputy President Kithure Kindiki's appointment. Aura accuses Justices Fredah Mugambi, Eric Kennedy Okumu Ogola, and Anthony Mrima of denying him a fair hearing, improperly consolidating his petition, and frustrating his efforts to have the matter determined.
Aura's petition, filed in October 2024, challenges aspects of former Deputy President Rigathi Gachagua's impeachment and Kindiki's subsequent appointment. He alleges that the judges improperly consolidated his petition with another case without giving him an opportunity to be heard. Specifically, he claims that Justice Mugambi forced the consolidation of his petition with Petition E565 of 2024, which was the lead file in a group of consolidated cases arising from Gachagua's impeachment.
Aura also raised concerns about Justice Ogola's conduct during proceedings involving his lawyer, Harrison Kinyanjui. He alleges that the judge became angry and ordered his advocate to sit down in an undignified manner. Aura stated that a judge should treat everyone with courtesy and politeness, and that Justice Ogola's behavior was rude and warranted investigation by the JSC.
Aura further alleges that Justice Ogola told him he would not hear his petition again in open court, claiming the judge said he had endured pain over the matter. Aura intends to provide video footage of the proceedings to the JSC as evidence. He maintains that Kindiki's appointment as deputy president was unconstitutional because he was serving as Cabinet Secretary for Interior and National Administration when he was nominated to the position.
Aura argues that Kindiki should have first resigned or ceased to hold the Cabinet position before being appointed Deputy President. He also claims that no gazette notice formally declaring Kindiki's cessation as Interior Cabinet Secretary was issued, breaching constitutional and statutory requirements. Aura filed the petition as a Kenyan citizen concerned about what he considered violations of the law during Gachagua's impeachment and the subsequent transition in the deputy president's office.
Aura emphasized that he has no personal connection with Gachagua and did not file the petition for personal gain. The JSC complaint adds a separate challenge to the handling of his case, with Aura accusing the three judges of violations including alleged misconduct, bias, incompetence, and denial of a fair hearing. The JSC may dismiss complaints against judges or take disciplinary action depending on the circumstances.
The case has raised concerns about the conduct of judges and the appointment of Deputy President Kindiki. Aura's complaint will be investigated by the JSC, which will determine whether the judges' actions warrant disciplinary action. The outcome of the investigation and potential disciplinary action against the judges remains to be seen.
Key points
- Businessman Joseph Enock Aura seeks removal of 3 judges handling his case challenging Deputy President Kithure Kindiki's appointment.
- Aura accuses judges of denying him a fair hearing and improperly consolidating his petition.
- The JSC will investigate Aura's complaint and determine whether disciplinary action is warranted.
