A three-judge bench of the High Court will deliver a ruling on July 31, 2025, to determine whether Deputy President Kithure Kindiki is lawfully in office, as legal and political turbulence surrounding the impeachment of former Deputy President Rigathi Gachagua continues to unfold.
The bench comprising Justices Eric Ogola, Anthony Mrima, and Lady Justice Freda Mugambi set the ruling date during a charged court session on Thursday afternoon, where multiple parties sought directions in the consolidated petitions challenging Gachagua's impeachment and Kindiki's elevation.
The legal showdown follows a Court of Appeal judgment issued on May 9, which found that the initial three-judge bench previously appointed to hear the matter had been "illegally and unlawfully constituted" by Deputy Chief Justice Philomena Mwilu, contravening constitutional provisions. "Given the directions we issued on May 29, 2025, and in view of the need for comprehensive directions on the way forward in respect of the Kerugoya petitions, this court shall render further directions on these matters and on the case management in the ruling to be delivered on July 31," said Justice Ogola on behalf of the bench.
The move comes after Kerugoya Woman Representative Njeri Maina and MCA David Mathenge sought clarification on their certificate of applications filed last year. Through lawyers Andrew Muge and George Sakimpa, the two politicians urged the court to clarify whether two previous court orders issued in 2024 by Justices Chacha Mwita and Richard Mwongo, barring the implementation of Gachagua's Senate impeachment, remain in force. "We seek to know whether our applications and the orders issued by Justices Mwita and Mwongo in October last year have been addressed in light of the Court of Appeal's decision," said lawyer Muge.
