Former Deputy President Rigathi Gachagua has withdrawn his High Court petition challenging his impeachment, arguing that the case has been overtaken by subsequent court proceedings.
Speaking to the press on Wednesday, November 4, Gachagua's lawyers said their client had decided to discontinue the case and concentrate on an ongoing appeal against the impeachment ruling.
The former Deputy President withdrew Constitutional Petition No. E522 of 2024, which he had filed in October 2024 in an attempt to stop the impeachment process before his removal from office.
“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 petitioner, as you know, is the second Deputy President, Rigathi Gachagua,” his lawyers stated.
In the petition, Gachagua's legal team challenged the National Assembly's impeachment proceedings, arguing that the process was unconstitutional, hurried and lacked meaningful public participation.
High Court Judge Lawrence Mugambi had designated the matter as the lead case, consolidating it with five other petitions that raised similar concerns over the constitutional questions surrounding Gachagua's removal.
The dispute triggered intense legal proceedings, prompting Chief Justice Martha Koome to appoint a three-judge bench to hear the consolidated petitions.
However, Gachagua's attempt to stop the impeachment process through an emergency court order was unsuccessful after the High Court declined to halt the proceedings.
His lawyers said the decision to withdraw the petition was informed by the fact that the issues raised had since been addressed in a related case.
They maintained that the earlier petition had become unnecessary, as questions surrounding alleged political bias, public participation and procedural fairness had already been considered by the court.
The legal team further argued that pursuing the matter would amount to wasting judicial time, given that the issues had already been determined in the High Court's June 8 ruling.
Instead, Gachagua's lawyers said they would channel their efforts towards the appeal, where they intend to challenge the judgment and seek a different outcome.
The Court of Appeal is scheduled to issue directions on the matter on November 19.
Gachagua is among opposition leaders seeking to become the coalition's presidential flagbearer as political formations begin positioning themselves ahead of the 2027 General Election, where they hope to challenge President William Ruto.
However, his impeachment remains a potential obstacle to his political ambitions, particularly because of Article 75(3) of the Constitution. The provision bars individuals removed from public office for violating Chapter Six of the Constitution, which deals with leadership and integrity, from subsequently holding State or public office.
The constitutional restriction could therefore become a key issue in determining whether Gachagua is eligible to contest for the presidency, should his impeachment stand.
