Kenya’s former Deputy President Rigathi Gachagua has won a key procedural battle after a three-judge bench rejected fresh attempts to derail petitions challenging his 2024 impeachment.
In a ruling delivered on Thursday, Justices Eric Ogola, Anthony Mrima, and Freda Mugambi declined to recuse themselves from hearing the consolidated cases and dismissed a related application that sought to substitute Gachagua as the petitioner.
The bench ruled that Gachagua, despite earlier filing a notice to withdraw, had since formally communicated his intention to continue with the cases. As such, an application by Fredrick Mula to take over as petitioner in four of the over 30 petitions was deemed “premature and unwarranted.”
“The application dated June 16, seeking to revoke the notice of withdrawal, is hereby allowed. The application seeking substitution of the petitioner is declined,” the judges stated. “Parties to bear their own costs.”
A separate request asking the bench to recuse itself was also dismissed. The petitioners had questioned the legality of the current panel and urged the matter be referred back to Chief Justice Martha Koome for reconstitution.
But the court held firm, noting empanelment is solely an administrative function of the Chief Justice under Article 165 of the Constitution.
“The allegations of bias, conflict of interest or abuse of power have not been substantiated,” the court ruled, adding that such actions risk undermining judicial independence and violate the principle of res judicata, which bars repeat litigation of settled matters.
The decision clears the way for the petitions to proceed to full hearing — setting the stage for what could be a politically charged legal battle over Gachagua’s impeachment, which was ratified by Parliament last year amid allegations of abuse of office and gross misconduct.
Gachagua maintains the impeachment was unlawful and politically motivated.
