Written by Lisa Murimi
Former Deputy President Rigathi Gachagua has withdrawn two legal petitions he filed last year challenging efforts by Parliament to impeach him, citing that the cases had been overtaken by events.
On Thursday, May 15, Gachagua’s legal team applied to the High Court to formally withdraw the pre-impeachment petitions he lodged in October 2024.
The petitions were initially filed to block the National Assembly and Senate from proceeding with a special motion seeking his dismissal on 11 charges.
“The conditional and legal issues raised in the above-mentioned pre-impeachment petitions are replicated in the post-impeachment petitions,” the withdrawal application stated.
The former DP, now leader of the Democracy for Citizens Party (DCP), aims to shift focus to the active post-impeachment case currently before the High Court.
His legal team requested that the case be placed before Chief Justice Martha Koome for the empanelment of a judicial bench to determine the matter.
This follows a ruling by the Court of Appeal on May 9, which quashed Deputy Chief Justice Philomena Mwilu’s earlier appointment of a three-judge bench to hear the impeachment suit.
The court held that only the Chief Justice has the mandate to empanel benches for such cases.
Gachagua had previously challenged Mwilu’s appointment of Justices Eric Ogolla, Anthony Murima, and Fred Mugambi.
The Court of Appeal’s decision now returns the matter to Chief Justice Koome for further action.
