Lawyer files petition to stop withdrawal of Rigathi Gachagua impeachment cases
Maleya, in response, insists that since the petitions raised critical constitutional and governance issues, they should not be withdrawn and instead be fully heard in court.
A petition has been lodged in court seeking to block the withdrawal of petitions challenging the impeachment of former Deputy President Rigathi Gachagua.
In the case filed before the High Court, advocate Kelly Maleya argues that all petitions, whether filed before or after Gachagua’s removal, challenge the legality of the impeachment process and were submitted in the public interest.
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He now seeks to formally take over the cases and pursue them to their conclusion.
“The petitions raise issues of public interest, particularly concerning the impeachment process of a deputy president and in this case, the impeachment of Gachagua,” reads the court documents.
Gachagua had filed two petitions in October last year aimed at stopping both the National Assembly and the Senate from proceeding with an impeachment motion that listed 11 grounds for his removal. The motion, which ultimately led to his dismissal, was initiated while he served as Deputy President.
However, Gachagua later withdrew the two petitions, citing that they had been overtaken by events. His legal team formally applied to the High Court last week to discontinue the pre-impeachment cases.
Maleya, in response, insists that since the petitions raised critical constitutional and governance issues, they should not be withdrawn and instead be fully heard in court.
The legal battle comes in the wake of a significant appellate ruling. On May 9, 2025, the Court of Appeal quashed an earlier decision by Deputy Chief Justice Philomena Mwilu made on October 18, 2024, to constitute a three-judge bench to hear one of the petitions linked to Gachagua’s removal.
The appellate judges ruled that only the Chief Justice has the constitutional mandate to appoint such benches. Consequently, the matter was referred back to the Chief Justice for appropriate action.
DCJ Mwilu had appointed Justices Eric Ogolla, Anthony Mrima, and Freda Mugambi to preside over the case, a move Gachagua’s legal team successfully challenged as unconstitutional.
Following the ruling, the High Court postponed proceedings in the constitutional petition involving Gachagua.
Assistant Deputy Registrar Beja Nduke issued a notice last week informing all parties that the matter stands adjourned pending further directions from the Chief Justice.
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