Nairobi — A three-judge bench is set to rule on Wednesday afternoon on whether it will recuse itself from a case challenging the appointment of Kithure Kindiki as Deputy President of Kenya.

The judges, Eric Ogola, Anthony Mrima, and Freda Mugambi, announced the ruling after hearing arguments on how they were selected to preside over the case.

The legal team representing impeached Deputy President Rigathi Gachagua, led by Senior Counsel Paul Muite, has contested the authority of Deputy Chief Justice Philomena Mwilu to appoint the bench, arguing it ought to have been appointed y the Chief Justice.

The case originated in Kerugoya, where orders were issued blocking Interior Cabinet Secretary Kithure Kindiki from assuming office after nomination by President Ruto who was quick to replace Gachagua.

The lawyers also sought to know how a file of a matter filed in Kerugoya Law Courts was transferred to Nairobi on a Saturday night and placed before the bench.

In response, the state's legal team, represented by Githu Muigai and Tom Ojienda, defended the Deputy Chief Justice's role, citing provisions that allow her to exercise the Chief Justice's powers in her absence.

Gachagua, who was impeached last Thursday after the Senate upheld his removal, maintains he did not receive a fair hearing during the impeachment process. His request to delay the proceedings due to illness was denied by the Senate that proceeded to vote.

President William Ruto's legal team has also intervened, challenging the inclusion of the Head of State in the petition. They argue that Ruto is protected by constitutional immunity during his term in office.