In a surprising turn of events, former Deputy President Rigathi Gachagua has formally withdrawn two constitutional petitions challenging his impeachment, citing the fact that they have been overtaken by events.
Through a notice filed at the High Court and addressed to the Deputy Registrar, Gachagua represented by Senior Counsel Paul Muite and advocate Victor Swanya seeks to discontinue the petitions filed prior to his official removal from office by Parliament.
According to the notice, the withdrawal applies to Nairobi Petition No. E522 of 2024 and Nairobi Petition No. E509 of 2024, both of which formed part of a larger group of consolidated pre-impeachment challenges.
In a similar move, two other petitions filed by Gachagua’s eleven allies were also withdrawn, bringing the total number of discontinued cases to four.
These included Nairobi Petition No. E525 of 2024 and Nairobi Petition No. E537 of 2024.
The notice read in part: “Take notice, that the Petitioners herein, by way of consent, wholly withdraw and discontinue their respective suits against the 1st to 8th Respondents, with no orders as to costs…”
However, they have informed the court that they will proceed with seven other petitions filed post-impeachment.
“The seven post-impeachment petitions filed in the Nairobi High Court and Kerugoya High Court have not been withdrawn and remain on record, awaiting hearing and determination by the Court,” the notice states.
Defence lawyers note that these ongoing cases are expected to test the legal and constitutional framework surrounding the impeachment process and could have significant implications for future political accountability proceedings.
“In the circumstances, we respectfully request that when placing the petitions that were the subject of the appeal before the Honourable Chief Justice in compliance with the Court of Appeal’s directive, the Notice of Withdrawal be brought to Her Ladyship’s attention for consideration when empaneling a bench,” the lawyers informed the Deputy Registrar.
Gachagua’s move to terminate the cases comes barely a week after the Court of Appeal invalidated the bench appointed by Deputy Chief Justice Philomena Mwilu to hear his post-impeachment cases.
His latest action now puts Chief Justice Martha Koome in a difficult position, as she will have to appoint an entirely new bench to hear the petitions filed after Parliament officially impeached him.
Since the earlier matters have been dropped, the bench previously led by Justice Eric Ogola has been left with nothing to adjudicate.
In a surprising turn of events, former Deputy President Rigathi Gachagua has formally withdrawn two constitutional petitions challenging his impeachment, citing the fact that they have been overtaken by events.
Through a notice filed at the High Court and addressed to the Deputy Registrar, Gachagua represented by Senior Counsel Paul Muite and advocate Victor Swanya seeks to discontinue the petitions filed prior to his official removal from office by Parliament.
According to the notice, the withdrawal applies to Nairobi Petition No. E522 of 2024 and Nairobi Petition No. E509 of 2024, both of which formed part of a larger group of consolidated pre-impeachment challenges.
In a similar move, two other petitions filed by Gachagua’s eleven allies were also withdrawn, bringing the total number of discontinued cases to four.
These included Nairobi Petition No. E525 of 2024 and Nairobi Petition No. E537 of 2024.
The notice read in part: “Take notice, that the Petitioners herein, by way of consent, wholly withdraw and discontinue their respective suits against the 1st to 8th Respondents, with no orders as to costs…”
However, they have informed the court that they will proceed with seven other petitions filed post-impeachment.
“The seven post-impeachment petitions filed in the Nairobi High Court and Kerugoya High Court have not been withdrawn and remain on record, awaiting hearing and determination by the Court,” the notice states.
Defence lawyers note that these ongoing cases are expected to test the legal and constitutional framework surrounding the impeachment process and could have significant implications for future political accountability proceedings.
“In the circumstances, we respectfully request that when placing the petitions that were the subject of the appeal before the Honourable Chief Justice in compliance with the Court of Appeal’s directive, the Notice of Withdrawal be brought to Her Ladyship’s attention for consideration when empaneling a bench,” the lawyers informed the Deputy Registrar.
Gachagua’s move to terminate the cases comes barely a week after the Court of Appeal invalidated the bench appointed by Deputy Chief Justice Philomena Mwilu to hear his post-impeachment cases.
His latest action now puts Chief Justice Martha Koome in a difficult position, as she will have to appoint an entirely new bench to hear the petitions filed after Parliament officially impeached him.
Since the earlier matters have been dropped, the bench previously led by Justice Eric Ogola has been left with nothing to adjudicate.
By Nancy Gitonga