The High Court in Nairobi has shut down an attempt to eject a three-judge bench from a high-stakes case challenging Deputy President Kithure Kindiki’s rise to the country’s second-highest office.
Justices Eric Ogolla, Anthony Mrima and Fridah Mugambi ruled that they would continue presiding over the matter, saying no proof had been presented to show they were biased or improperly constituted.
In a firm decision delivered in Nairobi, the judges noted that the application seeking their recusal filed on October 1, 2025 had been built on claims rather than evidence.
“We find no factual basis to support the allegations of bias,” the bench stated, dismissing the request in its entirety. They also directed the court registry to issue typed and certified copies of the ruling to the parties, with each side shouldering its own costs.
The challenge had been mounted by activist Enock Aura, who accused the judiciary of isolating his case from other similar petitions touching on Kindiki’s ascension to office. Aura argued that hearing his matter separately opened the door to conflicting judgments and undermined his right to an impartial determination.
But the court delivered an unexpected twist: the separation of the cases was actually done at Aura’s own request, the judges said, undercutting the foundation of his application.
With the procedural wrangles now cleared, the court has shifted focus to the main petition, scheduling its full hearing for February 2026. That case seeks to overturn Kindiki’s appointment and swearing-in as Deputy President following the impeachment of his predecessor, Rigathi Gachagua, in October 2024.
Aura is challenging the legality of the process that elevated Kindiki, arguing that Parliament approved him while he was still serving as Interior Cabinet Secretary. He further contends that the swearing-in ceremony took place at a time when the Independent Electoral and Boundaries Commission (IEBC) was not fully constituted, raising constitutional concerns.
Kindiki officially assumed office on November 1, 2024, moments after the High Court lifted conservatory orders that had temporarily halted his oath-taking.
The legal battle now moves to a decisive stage next year, setting the stage for a closely watched constitutional showdown that could redefine the boundaries of executive transition in Kenya.
