Kalonzo asks Kindiki to resign after court ruling on Gachagua’s impeachment
Wiper party leader has called on Deputy President Kithure Kindiki to step down following a court ruling that has opened the Pandora’s Box on Rigathi Gachagua’s impeachment.
In a statement on Sunday, May 11, 2025, Kalonzo claimed that Kenya currently has two Deputy Presidents and, as such Kindiki should do an honourable thing and step down.
“We have two deputy presidents. Kindiki should do the honourable thing and resign so that he can allow due process to take place. The ruling by the Court of Appeal has clearly demonstrated the illegality and the political manipulation that happened to get Deputy President Rigathi Gachagua out of office,” Kalonzo wrote on X.
Kalonzo’s statement came after the Court of Appeal on Friday May 9, 2025, ruled that Deputy Chief Justice Philomena Mwilu did not have the power to constitute a bench to hear petitions against Gachagua’s impeachment.
The court decision, delivered by a three-judge appellate bench, invalidated a crucial step in Gachagua’s impeachment process.
The judges ruled that Mwilu overstepped her authority by assigning a judicial bench to hear the petitions challenging Gachagua’s removal.
The Constitution, the court noted, reserves that responsibility solely for the Chief Justice.
At the heart of the matter is a complex web of legal missteps and political manoeuvring.
When Chief Justice Martha Koome was abroad, Mwilu assigned a three-judge bench — Justices Eric Ogola, Antony Mrima, and Freda Mugambi — to consolidate and hear multiple petitions related to Gachagua’s impeachment.
But the appellate court found the move to be unconstitutional, stating that only the Chief Justice had the authority to empanel such a bench, whether present physically or electronically.
“In this day and age, we do not think the Chief Justice can be electronically absent for an inordinately long period. Nothing prevented her from performing this constitutional function remotely,” the judges observed.
While the ruling stopped short of overturning Gachagua’s impeachment itself, it did order that the petitions be returned to the Chief Justice for proper reassignment – effectively resetting the legal process.
The court left the discretion to Justice Koome on whether to retain the same judges, select a new bench, or even expand it.
Despite this nuanced legal outcome, Kalonzo Musyoka’s political interpretation has added a new twist to the high-stakes power game.
Gachagua, who was ousted in a contentious parliamentary process in October 2024, had challenged his removal on the grounds of political persecution and constitutional breaches.
His successor, Kindiki, was appointed amid a flurry of legal petitions and restraining orders – some of which were later disregarded, fueling accusations of executive overreach.
The Court of Appeal, while criticizing the judicial assignment process, dismissed Gachagua’s appeal to have the current bench disqualified, stating there was no evidence of bias or misconduct.
Legal scholars remain divided over the ruling by the Court of Appeal.
While Kalonzo, himself a lawyer, insists the ruling validates Gachagua’s claim to office, others argue that the political and legal transitions have already occurred, making reversal improbable.
Still, the political fallout is far from over.
Kalonzo’s call for resignation raises questions about the future stability of President William Ruto’s administration, especially if Gachagua’s legal team pushes for full reinstatement.
For now, Kenyans watch closely as the judiciary, the presidency, and the opposition wrestle over not only who occupies the second-highest office in the land, but how they got there.
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Martin Oduor
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