Gachagua Drops Appeal Against Impeachment Ruling
Former Deputy President Rigathi Gachagua instructed his legal team on Wednesday, November 6, to withdraw the petition he filed at the Court of Appeal regarding the selection of the three judges assigned to hear the case challenging his impeachment.
This decision follows Gachagua’s earlier commitment to guide his Mt Kenya constituency after his swift impeachment last month. His political future is now in question, with power struggles looming in the government. Some are speculating about his next steps, while others are calling for a political position from Nyeri to replace Deputy President Kithure Kindiki in the Ministry of Interior.
Gachagua’s legal team, headed by Senior Counsel Paul Muite, informed Justices Patrick Kiage, Aggrey Muchelule, and George Odunga that their client wished to withdraw the petition.
Muite explained that the request to withdraw was prompted by the changing circumstances following the swearing-in of Deputy President Kithure Kindiki.
“The court’s ruling vacating the conservatory orders has allowed Prof. Kithure Kindiki to be sworn in as Deputy President. As a result, our application for a stay is no longer relevant,” Muite told the judges.
Gachagua had initially appealed to the court to have Justices Eric Ogola, Anthony Mrima, and Freda Mugambi deemed unconstitutional, arguing that the bench was formed by Deputy Chief Justice Philomena Mwilu rather than Chief Justice Martha Koome as required.
This appeal came after the three-judge bench dismissed Gachagua’s petitions challenging his impeachment by the National Assembly and Senate.
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The judges overseeing the case at the Court of Appeal agreed to accept the petition withdrawal without objection.
Justice Kiage, who is presiding over the case, instructed the parties involved to submit their filings before the matter is scheduled for a hearing, ensuring that submissions are completed before the court breaks for the December holidays.
Gachagua’s decision to withdraw comes at a critical time when his political standing has been significantly undermined following Kindiki’s swearing-in as Deputy President.
The lawyers representing the National Assembly, led by Tom Ojienda, concurred with the request to withdraw the case.
However, Ojienda indicated that they would seek compensation for the costs incurred during the appeal, citing the significant resources spent in responding to the case.
“We appreciate Senior Counsel Muite for deciding to withdraw the application, but we will pursue costs for the resources spent on this case,” Ojienda said.
“We believe compensation is justified, given the extensive efforts we’ve put into preparing for this application,” he added.
Gachagua Drops Appeal Against Impeachment Ruling
