The political temperature in Kenya rose sharply on Monday after opposition leaders called for the resignation of Deputy President Kithure Kindiki. The demand follows a Court of Appeal ruling that questioned the legality of the judicial process that led to his swearing-in.
At the center of the controversy is a finding by the appellate court which ruled that Deputy Chief Justice Philomena Mwilu acted outside her jurisdiction when she constituted the High Court bench that presided over a petition challenging Kindiki’s eligibility for office. According to the court, the power to empanel such a bench lies solely with the Chief Justice, a role held at the time by Martha Koome.
“The process through which Kindiki was cleared and sworn in was fundamentally flawed,” said Senator Edwin Omondi, a senior opposition figure. “If the very foundation of his assumption of office is unconstitutional, then his continued stay in office undermines the rule of law.”
The ruling has triggered intense debate within legal and political circles, with constitutional experts divided over the implications. Some argue that while the court questioned the procedure, it did not explicitly invalidate Kindiki’s position. Others believe the ruling severely compromises the legitimacy of his office.
Deputy President Kindiki has yet to respond publicly to the court’s findings or the opposition’s calls for his resignation. However, allies within the ruling coalition have dismissed the demands as politically motivated and urged the country to focus on development rather than legal technicalities.
“This is just a desperate attempt to destabilize the government,” said Majority Leader Alice Wahome. “The Deputy President was duly sworn in, and this ruling does not change that.”
The Judiciary has not indicated whether further action will be taken following the court’s pronouncement. Meanwhile, political observers say the issue could become a major flashpoint in the lead-up to the 2027 general elections.
