Nairobi — A new legal twist has emerged in the ongoing saga surrounding the impeachment of former Deputy President Rigathi Gachagua, as a Nairobi-based lawyer moves to block the withdrawal of cases challenging his removal from office.
The petition, filed this week by advocate Kelly Maleya, asks the court to allow him to take over the pending matters, arguing they raise serious constitutional questions and should not be quietly dropped.
“These are not private grievances,” Maleya said in court filings “They touch on how a deputy president can be removed from office, and that affects all Kenyans.”
Maleya, who has no known political ties to Gachagua, said the petitions were brought in the public interest and must be heard to their conclusion, regardless of whether the original petitioners withdraw.
A Complicated Legal Trail
The case comes in the wake of a ruling earlier this month by the Court of Appeal, which overturned a decision made last year by Deputy Chief Justice Philomena Mwilu to appoint a special three-judge bench to hear one of the key challenges to Gachagua’s impeachment.
The appellate court found that only Chief Justice Martha Koome has the legal authority to constitute such a bench and directed that the matter be referred back to her for further action.
Justice Mwilu’s decision, made in October 2024, had named Justices Eric Ogolla, Anthony Mrima, and Freda Mugambi to hear the case. Gachagua’s lawyers objected, calling the appointment process unconstitutional. The Court of Appeal agreed.
Following the ruling, the High Court put proceedings on hold, awaiting guidance from the Chief Justice. Last week, a notice issued by Assistant Deputy Registrar Beja Nduke confirmed the adjournment of the constitutional petition pending further directions.
Political Undercurrents
Gachagua, who now leads the Democratic Citizens Party (DCP), has remained defiant since his impeachment late last year. He has accused President William Ruto’s administration of targeting him for his outspoken criticism and vowed to challenge what he calls “a political witch-hunt”.
At a recent rally in Murang’a County, Gachagua said: “This is not just about me. It’s about protecting the Constitution from being used as a weapon.”
The government has not issued a formal response to the latest petition. Legal analysts say the attempt to revive the cases could add fresh tension to an already fraught political landscape.
“This isn’t just a legal battle it’s part of a wider political chess game,” said constitutional law expert Dr. Mercy Wanyama. “And it’s far from over.”
As the country waits for the Chief Justice to make her next move, the future of the Gachagua case remains uncertain. But with fresh petitions now in play, the story may be heading back to court sooner than expected.
