Nairobi — Former Deputy President Rigathi Gachagua has withdrawn four constitutional petitions that challenged his impeachment, marking a tactical shift in his legal fight following his removal from office.
In a notice filed at the High Court on Thursday, Gachagua’s lawyers said the cases were no longer relevant. They had been lodged before Parliament formally impeached him earlier this year.
“The petitions have been overtaken by events,” said Paul Muite, a Senior Counsel representing Gachagua, in a brief statement outside the courthouse.
The withdrawn cases include Nairobi Petitions E522, E509, E525, and E537 of 2024. Two of those were brought by Gachagua himself, while the other two had been filed by political allies.
The legal team, which also includes advocate Victor Swanya, said it would continue to pursue seven other petitions all lodged after his ouster. These remain active before the High Court in Nairobi and Kerugoya.
“These cases raise serious constitutional questions about the impeachment process,” Muite added. “They deserve a full and fair hearing.”
The notice to the court, addressed to the Deputy Registrar, confirmed that all four cases were dropped by consent, with no orders sought on legal costs. “Take notice,” it read, “that the Petitioners herein… wholly withdraw and discontinue their respective suits.”
This move comes just days after the Court of Appeal invalidated the initial judicial bench appointed to hear the post-impeachment petitions. That bench, led by Justice Eric Ogola, was appointed by Deputy Chief Justice Philomena Mwilu, but the appellate court found procedural irregularities in her selection.
Now, all eyes are on Chief Justice Martha Koome, who must appoint a new panel of judges to hear the remaining cases. Legal experts say this could complicate matters further, given the political undertones that have shadowed the impeachment from the start.
Gachagua’s team has already written to the Deputy Registrar, asking that the withdrawal notice be flagged to the Chief Justice when she considers how to empanel a new bench.
“It’s only fair that the Court is fully informed,” said Muite. “We’re asking for a clean slate, and for justice to be done.”
Gachagua, a polarizing figure in Kenya’s political scene, was removed from office following a vote in Parliament earlier this year. The impeachment was based on allegations of abuse of office and misconduct charges he has repeatedly denied.
While the former deputy president has not commented publicly on the latest legal move, allies say he is preparing for a drawn-out fight.
For now, the stage is set for a fresh legal battle that could define the boundaries of executive accountability and judicial independence in Kenya’s evolving democracy.
