Gachagua Withdraws Challenge to Impeachment as Appeal Continues

Former Deputy President Rigathi Gachagua has withdrawn his High Court case against his impeachment, saying the case has been overtaken by events. 

His lawyers announced this on Wednesday, November 4. He will continue with his appeal, which is still before the courts.

The withdrawn case, Constitutional Petition No. E522 of 2024, was filed to stop his removal from office in October 2024. His lawyers argued that the National Assembly's process was unconstitutional, rushed, and lacked real public participation. 

High Court Judge Lawrence Mugambi made it the lead case and combined it with five similar petitions. The Chief Justice then set up a three-judge bench to hear the matter. The High Court later refused to issue an emergency order to halt the impeachment process.

The lawyers said a related case had already settled the same issues, including political bias, public participation, and fairness of procedure. They said the June 8 High Court ruling had already decided these points, so continuing with E522 would waste court time. 

Their focus is now the appeal, where they plan to challenge the judgment they disagree with. The Court of Appeal will give directions on November 19.

Gachagua is one of the opposition figures seeking to be the flagbearer against President William Ruto in next year's general election. 

Political analysts say his impeachment could block that plan, because Article 75(3) of the Constitution bars public officers removed for violating Chapter Six from holding other state or public offices.