Last Updated on February 27, 2026 by courtnews reporter

Joseph Aura Seeks Five-Judge Bench in Petition Challenging Appointment of Kithure Kindiki as Deputy President

Activist Joseph Aura has asked the High Court to refer his petition challenging the nomination and appointment of Deputy President Kithure Kindiki to Chief Justice Martha Koome for empanelment of a five-judge bench.

The request was made before Justices Eric Ogola, Anthony Mrima and Fridah Mugambi.

Through his lawyer Harrison Kinyanjui, Aura urged the court to certify the amended petition as raising substantial questions of law under Article 165(3)(b) and (d), read together with Article 165(4) of the Constitution.

Argument for Expanded Bench

Harrison Kinyanjui told the court that the issues raised in the petition are unprecedented and have not been determined by either the Supreme Court or the Court of Appeal.

According to Kinyanjui, the case concerns the impeachment and replacement of a Deputy President under the 2010 Constitution.

“To date, there is no decision on the matters raised touching on the purported impeachment of a Deputy President and the purported replacement of such a Deputy President,” he submitted.

The court is expected to rule on the application on March 19.

Questions Over IEBC and Vacancy Declaration

Joseph Aura argues that Kithure Kindiki’s appointment may have been unconstitutional.

He claims the appointment was allegedly made at a time when there was no lawfully constituted Independent Electoral and Boundaries Commission (IEBC) to declare the office vacant.

Among the issues raised is whether Deputy President Kithure Kindiki could lawfully replace Rigathi Gachagua in the absence of a properly constituted IEBC.

The bench heard that the matter raises significant public interest.

Executive Order No. 5 of 2024 Challenged

The petition also challenges the legality of Executive Order No. 5 of 2024.

According to court submissions, two versions of the Executive Order were published — one on July 5, 2024 and another on October 31, 2024.

Joseph Aura questions whether the latter version is null and void.

He argues that if the Executive Order is invalid, actions flowing from it — including the declaration of November 1, 2024 as a public holiday — may also be invalid.

Alleged Breach of Public Appointments Law

Aura further claims the National Assembly failed to comply with Section 6 of the Public Appointments (Parliamentary Approval) Act during approval of Kithure Kindiki’s nomination.

Harrison Kinyanjui told the court that this allegedly denied Kenyans the opportunity to submit memoranda contesting the nominee’s suitability.

The petition also alleges there was no public participation in the process, contrary to Article 10 of the Constitution.

According to submissions, Kithure Kindiki allegedly did not appear before the National Assembly for an approval hearing on October 18, 2024.

These claims have not yet been judicially determined.

Swearing-In and Assumption of Office

Joseph Aura also seeks a declaration that Section 12(3) of the Assumption of the Office of President Act was not complied with during the swearing-in of Kithure Kindiki on November 1, 2024.

He argues that if due process was not followed, the Deputy President may lack constitutional authority to exercise the powers of office.

The High Court will determine whether the petition raises substantial constitutional questions warranting a five-judge bench.