Kenyan businessman Nelson Aura, through counsel Harrison Kinyanjui, lodged a Certificate of Urgency and Notice of Motion asking the High Court to suspend the virtual hearing dates set for 29 and 30 September 2026.

Aura argues that conducting the proceedings online infringes his constitutional right to a fair and public trial, a right he says is guaranteed under Articles 25(c), 27, 50 and 163(7) of the Constitution.

The petition also seeks to set aside court directions issued on 18 June and affirmed on 22 September 2026 that required the case to be heard through written online submissions.

Background to the Kindiki ouster petition

Aura’s amended petition questions the legality of Deputy President Kithure Kindiki’s appointment, contending that he never formally resigned as Cabinet Secretary for Interior and National Coordination and that no gazette notice confirming his cessation was published.

The petitioner cites Article 137(2)(b) of the Constitution and Section 6 of the Public Appointments (Parliamentary Approval) Act to argue that the appointment violates constitutional provisions.

Aura also references the earlier open‑court hearing of the consolidated petition concerning former Deputy President Rigathi Gachagua’s impeachment, which was broadcast live, to highlight the inconsistency of a virtual format for his case.

Requested procedural changes and next steps

Aura asks the three‑judge bench—Justices Anthony Mrima, Eric Kennedy Ogola and Fredah Mugambi—to revert to an open‑court hearing, invoking an earlier May 7 2026 direction that all parties had consented to and that he says was never varied.

He further requests that the Deputy Registrar provide multimedia facilities for the hearing, noting a technical failure during the 22 September session that disrupted the electronic transmission.

If the court grants the urgent application, the hearing dates will be postponed pending a determination on the suitability of a virtual format, after which the petition’s substantive claims—supported by video recordings and online material—will be considered.