Former Deputy President Rigathi Gachagua has brought one of his legal battles against his 2024 impeachment to a close, withdrawing a petition that sought to challenge the process that stripped him of office as he prepares to pursue the matter before the Court of Appeal.
Gachagua's legal team confirmed the withdrawal on Wednesday, November 4, arguing that the original case had lost its purpose following a subsequent High Court judgment that dealt with similar constitutional questions.
The petition, filed in October 2024 as Constitutional Petition No. E522 of 2024, was initially intended to stop the impeachment process launched by the National Assembly against the former Deputy President.
In his challenge, Gachagua questioned the manner in which Parliament conducted the proceedings, accusing lawmakers of following an unconstitutional and hurried process that did not allow sufficient public participation.
He also contested what he described as political bias in the proceedings and raised concerns that his constitutional right to a fair hearing had not been respected.
High Court Judge Lawrence Mugambi identified the matter as the lead petition before merging it with five other cases that had also challenged various aspects of Gachagua's removal from office.
The consolidated cases drew considerable public interest, leading Chief Justice Martha Koome to appoint a three-judge bench to hear and determine the disputes.
Despite the legal challenge, the court declined to issue orders stopping the impeachment process, allowing the proceedings to continue.
Gachagua's lawyers have now opted to discontinue the petition, citing the High Court judgment delivered on June 8, which they say addressed the central questions that had prompted the earlier court action.
Defending the decision, the legal team said withdrawing a petition was within the rights of a litigant, regardless of how far the proceedings had progressed.
“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.
They maintained that pursuing the matter further would serve little purpose since the court had already examined and made determinations on the issues raised in the petition.
The withdrawal signals a shift in Gachagua's legal strategy, with his attention now directed towards challenging the High Court ruling that upheld his impeachment.
The Court of Appeal is expected to issue directions on the appeal on November 19, marking the next major step in his attempt to overturn the decision that removed him from the country's second-highest office.
Gachagua was impeached by the Senate in October 2024, becoming the first Deputy President to lose office through the impeachment process under the 2010 Constitution.
Since his removal, he has increasingly taken up an opposition role and positioned himself as a challenger to President William Ruto in the 2027 General Election.
His political ambitions are unfolding as other opposition figures also seek to secure a place in the race for the coalition's presidential ticket ahead of the next polls.