The High Court of Kenya has issued a fresh directive on a petition challenging the appointment of Deputy President Kithure Kindiki and the impeachment of his predecessor, Rigathi Gachagua. A three-judge bench comprising Justices Eric Ogola, Anthony Mrima, and Fredah Mugambi granted an application to move the hearing to Courtroom 418 at the Milimani Law Courts in Nairobi. The hearing is scheduled for November 4 and 5, 2026, starting at 10:00 AM.
The petition, filed by an unnamed petitioner, raises fundamental constitutional challenges against the executive transition. The petitioner questions the lawfulness of Kithure Kindiki's elevation to Deputy President, arguing that he could not constitutionally transition into the role directly from his previous post as Cabinet Secretary for Interior without first formally resigning. The petition also contests the legality of Rigathi Gachagua's impeachment process.
The petitioner's lawyer, Harrison Kinyanjui, argued that conducting the case online could compromise the petitioner's constitutional right to a fair and public hearing. Given the high-profile nature of the case and the critical constitutional questions surrounding the transition in the country's executive leadership, the petitioner maintained that the public interest would be best served in a physical court setting.
Delivering the ruling on behalf of the bench, Justice Eric Ogola explained that while the court had previously set virtual proceedings for administrative convenience, procedural directives can be varied when circumstances justify a change. The court has the discretion to alter procedural rules when doing so does not cause prejudice to any of the involved parties.
The court issued a firm warning that the hearing will proceed on the set dates regardless of non-compliance with the directions. Justice Ogola instructed all parties who have yet to file their submissions or those planning to submit supplementary documentation to do so within seven days. The court found it appropriate to accommodate the request for an in-person hearing as the application faced no substantial opposition.
The consolidated petition at the heart of the matter raises critical questions about the executive transition in Kenya. The petition contests the legality of Rigathi Gachagua's impeachment process, raising procedural and legal objections regarding the voting thresholds used in the National Assembly and the subsequent trial and decisions rendered by the Senate.
The court's decision to hear the petition in a physical court setting ensures that the petitioner receives a fair and public hearing. The hearing will determine the constitutionality of Kithure Kindiki's appointment as Deputy President and the legitimacy of Rigathi Gachagua's impeachment.
Key points
- The High Court of Kenya has directed that a petition challenging Deputy President Kithure Kindiki's appointment be heard in a physical court setting.
- The petition raises fundamental constitutional challenges against the executive transition in Kenya.
- The hearing is scheduled to take place on November 4 and 5, 2026, starting at 10:00 AM.
