During proceedings on Wednesday, lawyer Harrison Kinyanjui told a three-judge bench that Kindiki was never lawfully sworn in and described him as an “imposter”. The remarks came as businessman Joseph Enock Aura renewed his petition challenging the process that elevated Kindiki to the second-highest office.
Kinyanjui argued that the nomination, parliamentary approval and swearing-in were marred by constitutional violations. He questioned the circumstances surrounding the ceremony held on November 1, 2024, claiming President William Ruto was outside the country and could not have lawfully facilitated the declaration of that day as a public holiday.
The lawyer also challenged the role given to Prime Cabinet Secretary Musalia Mudavadi as acting Interior Cabinet Secretary. He argued that Mudavadi should have taken an oath before assuming the responsibilities, and questioned whether legal requirements had been followed.
The petition targets the National Assembly vote of October 18, 2024, when MPs approved Kindiki to replace former Deputy President Rigathi Gachagua. Kinyanjui questioned whether the House maintained order and whether the voting method complied with the Constitution. He also raised concerns about how MPs, including Kikuyu MP Kimani Ichung’wah, expressed their votes.
The claims remain arguments presented by the petitioner’s lawyer, not a court finding. A three-judge bench comprising Justices Eric Ogolla, Winfrida Mugambi and Anthony Mwita is hearing the case. The petitioner wants the court to invalidate the process and declare Kindiki’s assumption of office unlawful.
The incident sparked reactions online, with supporters appearing divided over the legal challenge. Many people were left talking as the country awaits the judges’ decision.
Do you think the court should revisit the process that brought Kindiki into office? Share your viewsin the comments.
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