Nairobi — A Nairobi-based lawyer is fighting to keep alive a series of court petitions tied to the impeachment of former Deputy President Rigathi Gachagua, arguing that dropping them would be a blow to public accountability.
Kelly Malenya, a constitutional lawyer, filed an urgent application on Monday seeking to block the withdrawal of Nairobi Petition E522 of 2024, one of six lawsuits filed before Gachagua was removed from office.
“These petitions raise fundamental public interest issues concerning the legality and constitutionality of the impeachment process of a Deputy President,” Malenya wrote in court documents. “They remain unresolved and must be heard on merit.”
The move comes after the original petitioner filed a notice of withdrawal on 15 May, shortly after the Court of Appeal declared that the petitions had been improperly assigned to a bench led by Deputy Chief Justice Philomena Mwilu. The court ruled that only the Chief Justice had the authority to constitute such a panel.
While the appeal court did not reverse Gachagua’s impeachment, his legal team seized on the judgment as vindication. They have since called for his reinstatement though no such directive was issued.
Malenya, acting on behalf of Fredrick Mulaa, is now asking the High Court to allow Mulaa to step in as the new petitioner and see the cases through to conclusion.
The petitions labelled E506, E509, E522, E525, E528, and E537 of 2024 were part of what the Judiciary termed Cohort 1, a group of related cases questioning both the procedure and legitimacy of the former Deputy President’s ouster.
Malenya told the court that allowing the withdrawal would set a dangerous precedent and deny Kenyans the chance to understand whether the constitutional process was properly followed.
“These cases are not about personalities,” Malenya said outside the Milimani Law Courts. “They’re about the future of constitutional checks and balances in our democracy.”
He requested the court hear the matter ex parte without notifying the other parties as a matter of urgency, citing the potential impact on the 2027 general election. Gachagua has publicly stated he intends to run for president.
The application is expected to complicate what is already a politically fraught legal landscape. Gachagua’s legal team, buoyed by the Court of Appeal ruling, has shifted focus to safeguarding his eligibility for future office.
So far, the Judiciary has not commented publicly on the matter. A hearing date has not been set, but legal observers say the case could reopen debate around executive accountability and the role of courts in politically sensitive disputes.
Whether or not the petitions proceed, the legal wrangling over Gachagua’s impeachment is far from over.
