Wiper Leader, Kalonzo Musyoka. (Photo/Nairobi Leo).
By Daisy Okiring
Wiper Party leader Kalonzo Musyoka has called on Deputy President Kithure Kindiki to resign, following a Court of Appeal ruling that cast serious doubt on the legality of Rigathi Gachagua’s impeachment process.
Speaking on Sunday, May 11, Kalonzo asserted that the ruling effectively created a scenario where Kenya has “two deputy presidents,” urging Kindiki to step aside and allow judicial proceedings to unfold without interference.
The ruling, delivered on Friday, May 9, determined that Deputy Chief Justice Philomena Mwilu acted beyond her constitutional mandate when she selected a three-judge bench to hear petitions related to Gachagua’s removal from office. The court emphasized that only the Chief Justice has the authority to constitute such benches, and that her physical absence abroad did not justify a delegation of those powers.
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As a result, the petitions must now return to Chief Justice Martha Koome, who has the discretion to reappoint the same bench, expand it, or assign entirely new judges.
Despite this procedural flaw, the appellate court rejected Gachagua’s appeal to dismiss the judges currently handling the matter, stating there was no basis for their disqualification.
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Kalonzo, in a post on X (formerly Twitter), accused the state of orchestrating a politically motivated impeachment and insisted that Kindiki’s resignation would uphold the integrity of the legal process.
In response to the developments, Gachagua spoke during a Sunday service in Juja, voicing confidence in the justice system and the multi-tiered court structure established by the 2010 Constitution. He expressed hope that the judiciary would eventually restore what he called an unjust process.
“I have faith in the Judiciary and the Kenyan courts. I will use every avenue available to ensure that I get justice,” said Gachagua.

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