馃嚢馃嚜KenyaEast Africa
Petitioner seeks recusal of judges in case challenging Kithure Kindiki's appointment as Deputy President
via Tuko7 min read
A petitioner, Enock Aura, has requested a three-judge bench to recuse itself from a case challenging the appointment of Kithure Kindiki as Deputy President. Aura, through his lawyer Harrison Kinyanjui, alleges bias and concerns over the judges' conduct, particularly their handling of a previous judgment concerning former Deputy President Rigathi Gachagua. Kinyanjui stated that Aura believes his right to a fair hearing would be compromised if the current bench, comprising Judges Eric Ogolla, Fridah Mugambi, and Anthony Mrima, continues to hear the case. Aura claims the judges made derogatory remarks against him and questioned their impartiality, citing a discrepancy in the page count of the Gachagua judgment. He argues that the same judges who upheld Gachagua's impeachment should not preside over proceedings seeking to overturn the consequences of that decision, including Kindiki's appointment. Aura's petition seeks declarations that Kindiki's appointment was unconstitutional, alleging that Kindiki did not appear before the National Assembly for nomination proceedings as required by law.
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