Former Deputy President Rigathi Gachagua has formally withdrawn two petitions challenging his impeachment, stating that the cases had been overtaken by events. His legal team filed the withdrawal request at the High Court on Thursday, May 15.
The petitions, filed in October 2024, sought to block the National Assembly and Senate from proceeding with a special motion to impeach him on 11 grounds. Gachagua, now the leader of the Democracy for Citizens Party (DCP), has instead chosen to concentrate on a post-impeachment suit currently under High Court review.
According to the withdrawal application, the constitutional and legal issues raised in the pre-impeachment petitions are already addressed in the active post-impeachment case. Gachagua’s legal team has requested the High Court to forward the matter to Chief Justice Martha Koome for the empanelment of a bench to hear and determine it.
This comes a week after the Court of Appeal overturned Deputy Chief Justice Philomena Mwilu’s move to appoint a three-judge bench to handle the impeachment petition. The Appellate Court ruled that only the Chief Justice holds the authority to constitute such a bench and directed the matter to be presented to Koome.
Previously, Mwilu had named Justices Eric Ogolla, Anthony Murima, and Fred Mugambi to preside over the case, a decision Gachagua’s lawyers contested. Although the High Court upheld Mwilu’s action, citing constitutional provisions for administrative roles in the Chief Justice’s absence, the appeal court ruled otherwise.
The notice of withdrawal has been submitted to be considered during the empanelment process, which may now determine the next legal chapter in Gachagua’s bid to overturn his removal from office.
