Joseph Aura, through lawyer Harrison Kinyanjui, argues that the case raises weighty constitutional questions of national and public interest.
Petitioner seeks expanded bench
Aura has asked the Chief Justice to reconstitute a bench with an uneven number of judges to handle the petition.
In a letter to the Chief Justice, Kinyanjui said the matter involves serious constitutional issues that require consideration by an expanded bench.
“We refer to the above matter and advise that we act for the Petitioner in the cited Constitutional Petition,” the lawyer stated.
He added that the request follows an earlier application seeking certification of the petition as suitable for hearing before a bench of an uneven number of judges.
Court of Appeal questioned formation of bench
The request comes after the Court of Appeal ruling delivered on May 9, 2025.
The appellate court found that Deputy Chief Justice Philomena Mwilu improperly constituted a three-judge bench that allowed Kindiki’s swearing-in to proceed.
The three-judge bench, led by Francis Tuiyott alongside Daniel Musinga and Mumbi Ngugi, directed the Chief Justice to appoint another bench within 14 days.
Aura now wants a five-judge bench to determine his constitutional petition filed last year.
Petitioner challenges Kindiki appointment
Aura wants the court to overturn Kindiki’s appointment as Deputy President.
He argues that the process leading to Kindiki’s swearing-in was unconstitutional.
He also challenges the declaration of November 1, 2024, as a public holiday, the day Kindiki was sworn into office.
According to Aura, former Prime Cabinet Secretary Musalia Mudavadi lacked legal authority to declare the holiday because he was not lawfully serving as Acting Interior Cabinet Secretary.
Dispute over public holiday declaration
Aura challenged Gazette Notice No. 14101, which declared November 1, 2024, a public holiday.
He argues that Mudavadi had no powers under the Public Holidays Act to issue the notice.
The petitioner claims the move violated Article 2(2) of the Constitution, which states that no person may claim or exercise state authority except as authorised by the Constitution.
He also questioned Gazette Notice No. 14100 issued by Mercy Wanjau, the Chairperson of the Assumption of the Office of the Deputy President Committee.
Allegations over transparency
Aura accused Wanjau of publishing the Gazette Notice at night in an attempt to provide legal backing for Kindiki’s swearing-in.
He argued that the process lacked transparency and violated Article 10(2)(c) of the Constitution, which promotes transparency and accountability in public affairs.
The petitioner also challenged Executive Order No. 5 of 2024, which allegedly appointed Mudavadi as Acting Interior Cabinet Secretary.
Petitioner raises Executive Order concerns
Aura claims that Executive Order No. 5 of 2024 had already been issued in July 2024.
He argues that two executive orders cannot carry the same number within the same year.
The businessman further questioned how President William Ruto could have signed the order on October 31, 2024, while attending an African Heads of State meeting in Rwanda.
Aura maintains that the alleged irregularities surrounding Kindiki’s swearing-in require determination by a bench of at least five judges.
