A three-judge bench has set March 19 for a ruling in a high-stakes constitutional case in which a businessman Joseph Aura is seeking the removal of Deputy President Kithure Kindiki from office.
The petition, filed in October 2024, also seeks the empanelment of a five-judge constitutional bench to hear disputes arising from the impeachment process involving former Deputy President Rigathi Gachagua.
During submissions before the court, lawyer Harrison Kinyanjui urged the judges to certify the case for hearing by five judges, arguing that the amended petition raises weighty and unprecedented legal questions requiring broader judicial scrutiny.
Kinyanjui told the court that the petitioner had earlier written to Chief Justice Martha Koome seeking expansion of the bench following a Court of Appeal decision that dissolved a previously constituted panel.
In the amended petition, Aura argues that Kindiki was sworn in as Deputy President outside constitutionally prescribed procedures, claiming he had not formally resigned from his position as Cabinet Secretary for Interior and National Administration at the time of his appointment.