A three-judge High Court bench in Kenya has scheduled an open-court hearing for November 4-5 to consider a petition questioning Deputy President Kithure Kindiki's appointment and the impeachment of former Deputy President Rigathi Gachagua. The hearing will take place in Courtroom 418 at the Milimani Law Courts in Nairobi. This decision was made on September 30, 2026, by a bench comprising Justices Eric Ogola, Anthony Mrima, and Fredah Mugambi.
The petition, which challenges the legality of Kindiki's move from Interior Cabinet Secretary to Deputy President without resigning, also questions the validity of Gachagua's impeachment. Specifically, it contests the National Assembly voting threshold and Senate procedures used in the impeachment process. The petitioner's lawyer, Harrison Kinyanjui, argued that the constitutional questions raised require a public hearing to ensure a fair and open trial.
The court's decision to hold an open-court hearing was made after Kinyanjui filed an application under a certificate of urgency to amend the hearing format. The initial plan was for a virtual hearing, but the petitioner argued that this could compromise the right to a fair trial. Justice Ogola noted that earlier procedural directions could be altered where circumstances merit, and that the change does not prejudice any party.
The amended petition is scheduled for 10 a.m. on November 4 and 5, 2026. The court has ordered any party that has not yet filed submissions, or wishes to file additional material, to do so within seven days. The court warned that the hearing will proceed on schedule even if deadlines are missed.
Deputy President Kindiki's appointment and Gachagua's impeachment have been contentious issues in Kenya. Kindiki was appointed Deputy President after Gachagua's impeachment, which was approved by the National Assembly and the Senate. However, the petition challenging these actions argues that the appointments and impeachment processes were not carried out in accordance with the constitution.
The High Court's decision to hear the petition in an open courtroom is seen as a significant development in the case. It allows for public scrutiny of the proceedings and ensures that the arguments presented are transparent. The court's ruling also underscores the importance of adhering to constitutional procedures in the appointment and impeachment of high-ranking officials.
The outcome of the petition could have significant implications for Kenya's political landscape. If the court rules in favor of the petitioner, it could lead to a re-evaluation of Kindiki's appointment and potentially even Gachagua's impeachment. The case is set to be closely watched by Kenyans and political analysts.
Key points
- The High Court has ordered an open-court hearing for a petition challenging Deputy President Kithure Kindiki's appointment and former Deputy President Rigathi Gachagua's impeachment.
- The petition questions the legality of Kindiki's appointment and the validity of Gachagua's impeachment, including the National Assembly voting threshold and Senate procedures.
- The hearing is scheduled for November 4-5, 2026, at the Milimani Law Courts in Nairobi.
