Enock Aura, a petitioner challenging the legality of Deputy President Abraham Kithure Kindiki in office after the ouster of the former deputy president Rigathi Gachagua, is now seeking to have the three-judge bench step aside from hearing his application.

Through his lawyer Harrison Kinyanjui, Aura made an oral application on Thursday, June 18, 2026, urging Presiding Judge Eric Ogola, Lady Justice Freda Mugambi, and Antony Mrima to recuse themselves for the second time.

Appearing before the bench, lawyer Kinyanjui urged the judges to consider stepping aside on the grounds of the impeachment threshold, among other issues he has raised in his submissions.

“Would your lordships consider recusing yourselves, because you’ve already rendered your opinions on the issues that I have mentioned about the impeachment threshold and the extension of the time-lapse plan? Would your lordships then not find it intellectually taxing, if I may use that expression?” lawyer Kinyanjui submitted.

Justices Ogola, Mugambi, and Mrima have directed lawyer Kinyanjui to file a formal application on the recusal issue he has raised orally before court.

Notably, the bench noted that they believe that most of the issues raised in the impeachment petitions have now been settled following the judgement that was delivered earlier this month.

However, the court has stated that if any party is of the opinion that there are any pending issues that have not been properly addressed, then the party should prepare for a hearing.

Application dismissed

On December 2, 2025, the same bench dismissed another application by Aura, who in the first recusal application argued that there was a likelihood of bias in their ruling over the matter.

In dismissing the application, the bench stated that Aura had not proved beyond doubt the said bias, making it unmerited.

Accordingly, therefore, we find and hold that the applicant has failed to establish a reasonable comprehension of bias on the part of this bench. The application dated October 1, 2025, is hereby dismissed,” the bench ruled.

The petitioner also argued that the three-judge bench had isolated his petition from others challenging the impeachment of former Deputy President Rigathi Gachagua and Kindiki replacing him.

He sought their recusal, arguing that their earlier directions, including deconsolidating his petition from those filed by Gachagua and 39 other petitioners, demonstrated bias and an intention to frustrate his case.

However, the bench dismissed his argument, stating that he was the author of the separation of the petitions in January 2025.

The court has directed that all the remaining issues in all the petitions will be heard on September 29 and 30, 2026, virtually.