Former Deputy President Rigathi Gachagua has withdrawn his High Court petition challenging his impeachment, saying the case has been overtaken by events and is no longer necessary to pursue.
Gachagua’s lawyers announced the withdrawal on Wednesday, November 4, confirming that their client will instead concentrate on an appeal against the judgment upholding his removal from office.
The legal team withdrew Constitutional Petition No. E522 of 2024, which Gachagua had filed in an attempt to block his impeachment in October 2024.
The petition challenged the National Assembly’s impeachment process, which his lawyers argued was unconstitutional, rushed and lacked meaningful public participation.
Speaking to the press, the lawyers said the issues raised in the petition had already been addressed in a related case, making further proceedings unnecessary.
They cited a June 8 High Court ruling that dealt with similar concerns, including alleged political bias, procedural fairness and public participation.
The legal team argued that continuing with the petition would amount to wasting judicial time, given that the same issues had already been determined.
“Clients or petitioners have a right to withdraw their matters at the end of time, and this is exactly what the petitioner in E522 has done,” the lawyers said.
The petition had been designated as the lead case by High Court Judge Lawrence Mugambi and consolidated with five other petitions raising similar constitutional questions.
The dispute also prompted Chief Justice Martha Koome to appoint a three-judge bench to hear the consolidated cases.
However, Gachagua’s initial attempt to stop the impeachment process through an emergency court order was unsuccessful, allowing the parliamentary proceedings to continue.
With the petition now withdrawn, Gachagua’s legal team says its focus has shifted to the appeal, where it intends to challenge the judgment it disagrees with.
The Court of Appeal is expected to issue directions on the matter on November 19.
Gachagua’s withdrawal comes as he positions himself among opposition leaders seeking to challenge President William Ruto in the 2027 General Election, with the former Deputy President eyeing the opposition’s presidential ticket.
