Kenya: Gachagua Files Notice to Withdraw 4 Petitions Challenging Impeachment

Nairobi — Deputy President Rigathi Gachagua has filed a notice to withdraw four petitions. These petitions are currently before the High Court in a constitutional challenge to his impeachment.

Gachagua also requested that these cases not be handled by the current three-judge bench. This bench is led by Chief Justice Martha Koome. The notice was submitted ahead of Friday's court session.

During this session, Justices E.K. Ogola, A.C. Mrima, and Dr. Freda Mugambi were expected to provide further directions on the consolidated impeachment petitions. The four petitions are part of Cohort 1, which challenges the impeachment process against Gachagua.

This process began in the National Assembly and ended with a Senate vote. In October 2024, Gachagua was ousted after both houses voted to remove him from office over 11 charges. These included abuse of office, incitement, and breach of constitutional duties.

The Senate upheld five charges against him, making him the first deputy president impeached in Kenya's history. "We have firm instructions from our clients to withdraw our participation," stated the notice.

It added that they do not wish to join the cohort of petitions being handled by the Chief Justice's Bench. The petitions aimed to stop Parliament from impeaching Gachagua but will now be dropped due to recent events.

Gachagua plans to continue with other petitions urging the High Court to declare his impeachment unconstitutional and invalid. The Bench had previously ruled that all impeachment-related petitions should be grouped into two cohorts: those filed before and after the Senate's decision.

On October 24, 2024, Justice Ogola explained that this grouping ensures an orderly conduct of proceedings. On May 9, the Court of Appeal ruled that DCJ Mwilu exceeded her authority by forming a three-judge bench for these petitions.

The appellate court emphasized that only the Chief Justice can empanel such benches. As a result, it directed Chief Justice Martha Koome to appoint a new bench within 14 days for pending impeachment-related petitions.