Former Deputy President Rigathi Gachagua has withdrawn his High Court petition challenging his impeachment.
Rigathi Gachagua’s lawyers say the High Court petition has served its purpose and will focus on an appeal, with directions due on November 19.
Former Deputy President Rigathi Gachagua has withdrawn his High Court petition in the Gachagua impeachment case. His lawyers say events have overtaken the challenge, but they will continue pursuing an appeal.
Speaking to journalists on November 4, the lawyers confirmed the withdrawal of Constitutional Petition No. E522 of 2024. Gachagua filed it to prevent his looming removal from office in October 2024.
However, his legal team now argues that a related case has already resolved the issues raised. They said continuing with the petition would therefore waste court time.
Why lawyers withdrew the Gachagua impeachment case
The petition challenged the National Assembly’s handling of the impeachment process. Gachagua’s lawyers argued that the proceedings breached the Constitution, moved too quickly and lacked meaningful public participation.
Justice Lawrence Mugambi designated the lawsuit as the lead case and consolidated it with five similar petitions. The dispute raised substantial constitutional questions, prompting Chief Justice Martha Koome to appoint a three-judge bench.
However, the High Court declined to grant an emergency order stopping the impeachment trial. That decision frustrated Gachagua’s immediate effort to halt his removal through the petition.
In explaining the withdrawal, his lawyers cited the High Court’s June 8 ruling. They said it had already addressed political bias, public participation and procedural fairness, making further proceedings unnecessary.
Appeal remains central to legal battle
The legal team will instead focus on challenging the judgment through the appeal process. The Court of Appeal is due to give directions on November 19 as that challenge continues.
The lawyers also stressed that petitioners have the right to withdraw their cases. They described Gachagua’s decision as an exercise of that right, while maintaining his challenge through the appeal.
Meanwhile, Gachagua is among opposition figures seeking to lead the electoral challenge against President William Ruto. His impeachment, however, remains a potential obstacle to those political ambitions.
Political analysts have cited Article 75(3) of the Constitution in assessing that hurdle. It bars state or public officers dismissed for violating Chapter Six from holding other state or public offices.
