3-judge bench refuses to step aside from hearing DP Kindiki’s assumption of office case
A three-judge bench has refused to step aside from hearing a petition challenging the legality of Deputy President Kithure Kindiki taking over the office from his impeached predecessor, Rigathi Gachagua.
The Presiding Judge Eric Ogola, Lady Justice Fred Mugambi, and Antony Mrima have on Tuesday, December 2, 2025, dismissed the application by Enock Aura, who is the petitioner of the matter.
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In his application for the bench to recuse itself, Aura argued that there was a likelihood of bias in their ruling over the matter.
Delivering their ruling, the bench stated that the petitioner has not proven beyond doubt the said biasness; thus, it is not merited.
“Accordingly, therefore, we find and hold that the applicant has failed to establish a reasonable comprehension of bias on the part of this bench. The application dated October 1, 2025, is hereby dismissed,” the bench ruled.
He also argued that the three-judge bench isolated his petition from others challenging the impeachment of former Deputy President Rigathi Gachagua and Kindiki replacing him.
The petitioner sought their recusal, arguing that their earlier directions, including deconsolidating his petition from those filed by Gachagua and 39 other petitioners, demonstrated bias and an intention to frustrate his case.
However, the bench dismissed his argument, stating that he was the author of the separation of the petitions in January 2025.
Aura wants the court to rule that Deputy President Kindiki’s appointment is unlawful and unconstitutional.
He is also seeking the court to declare the National Assembly’s approval of his nomination was unlawful for lack of public participation and failure to comply with constitutional procedures.
Notably, he wants the court to also declare his swearing in to the office as the deputy president as null and void.
Aura insists that the office of the Deputy President cannot be filled through what he terms ‘a rushed, opaque and defective process”.
The court has directed that Aura’s main petition will be heard on February 26, 2026.
