By Were Kelly
Activist Fredrick Mula has lost a legal battle to take over four pre-impeachment petitions filed by former Deputy President Rigathi Gachagua, after the High Court ruled that the cases will remain under Gachagua’s name.
A three-judge bench comprising Justices Eric Ogola, Fred Mugambi, and Antony Mrima dismissed Mula’s request to be substituted as petitioner, declaring it “unnecessary and premature.” The court noted that Gachagua had already revoked his earlier notice to withdraw the petitions and expressed willingness to continue prosecuting them.
“Given that the first petitioner has successfully revoked his withdrawal notice and remains ready to prosecute his petition, substitution is unnecessary,” the bench ruled in its Thursday decision.
Mula had filed an application on June 18, 2025, seeking to inherit the four consolidated petitions, claiming they involved matters of public interest. However, the petitions had not yet been formally withdrawn or accepted by the court.
Senior Counsel Paul Muite, representing Gachagua, rejected Mula’s move, calling it a “hostile takeover attempt” by a stranger to the case. Muite insisted the petitions could only be transferred with Gachagua’s consent.
The court upheld Gachagua’s June 16 application to revoke the withdrawal of the petitions and allowed the impeachment-related cases to proceed under his name.
Mula’s substitution bid, filed on May 19, was ultimately rejected.
