Petitioner alleges denial of fair hearing in Gachagua impeachment case, writes to Chief Justice Koome
via Tuko5 min read
Joseph Enock Aura, a petitioner challenging the impeachment of Rigathi Gachagua and the appointment of Kithure Kindiki, has written to Chief Justice Martha Koome, alleging he was denied a fair hearing. Through his lawyer Harrison Kinyanjui, Aura claims a scheduled hearing for Constitutional Petition No. E586 of 2024 on June 4 never took place and was later changed to a mention. The lawyer states that the court did not sit, and no explanation was provided for the aborted hearing, despite the date being allocated in open court on May 7, 2026. Kinyanjui further alleges that the Judiciary's Case Tracking System was altered to reflect a mention instead of a hearing, and that the case has now been fixed for mention on June 18 without Aura's participation. Aura's petition raises distinct constitutional questions, arguing that the impeachment threshold for a deputy president was not met due to absent Members of Parliament, and that Kindiki's appointment as deputy president did not comply with constitutional and statutory requirements. He contends that Kindiki did not personally appear before the National Assembly for approval and that Parliament did not generate a required report. Aura seeks declarations that Kindiki's appointment was unconstitutional and that he should be barred from office. The petitioner fears that delaying his hearing until after judgment in Gachagua's consolidated petitions could prejudice his case under the doctrine of res judicata, effectively preventing his a
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