High Court issues fresh directive on petition challenging DP Kindiki's appointment

The High Court of Kenya has directed that a petition challenging the appointment of Deputy President Kithure Kindiki and the impeachment of his predecessor, Rigathi Gachagua, be conducted via an open, physical hearing instead of a virtual session.

A three-judge bench comprising Justices Eric Ogola, Anthony Mrima, and Fredah Mugambi on September 30, allowed the application to move the legal proceedings to Courtroom 418 at the Milimani Law Courts in Nairobi.

The hearing is scheduled to take place on November 4 and 5, 2026, starting at 10:00 AM.

The ruling follows an urgent application filed by the petitioner through lawyer Harrison Kinyanjui.

Kinyanjui argued that conducting the case online could compromise the petitioner's constitutional right to a fair and public hearing.

Given the high profile nature of the case and the critical constitutional questions surrounding the transition in the country's executive leadership, the petitioner maintained that the public interest would be best served in a physical court setting.

Delivering the ruling on behalf of the bench, Justice Ogola explained that while the court had previously set virtual proceedings for administrative convenience, procedural directives can be varied when circumstances justify a change.

He noted that the court has the discretion to alter procedural rules when doing so does not cause prejudice to any of the involved parties.

“We have considered the application dated September 24, 2026, which is primarily unopposed,"Justice Ogola said.

“Although we have given substantive directions on the hearing of the petition, those directions are procedural tools which the court is at liberty to depart from in a deserving case, particularly where there is no prejudice to the parties, such as the present petition," he added.

Because the application faced no substantial opposition, the court found it appropriate to accommodate the request for an in-person hearing.

To keep the proceedings on schedule, Justice Ogola instructed all parties who have yet to file their submissions or those planning to submit supplementary documentation to do so within seven days.

The court issued a firm warning that the hearing will proceed on the set dates regardless of non-compliance with these directions, pointing out that previous delays and late filings had repeatedly disrupted the court's calendar.

The consolidated petition at the heart of the matter raises fundamental constitutional challenges against the executive transition.

On one front, the petitioner questions the lawfulness of Kithure Kindiki's elevation to Deputy President, arguing whether he could constitutionally transition into the role directly from his previous post as Cabinet Secretary for Interior without first formally resigning.

On the other front, the petition contests the legality of Rigathi Gachagua’s impeachment process.

It raises procedural and legal objections regarding the voting thresholds used in the National Assembly and the subsequent trial and decisions rendered by the Senate.