Gachagua withdraws pre-impeachment petitions, focuses on challenging ouster in court
Gachagua intends to continue with petitions urging the High Court to find his impeachment was not constitutional and therefore invalidate it.
Former Deputy President Rigathi Gachagua has written to Chief Justice Martha Koome notifying her of his intention to withdraw all the petitions he and his allies had filed to stop his impeachment last year.
The petitions had been filed to stop Parliament from impeaching Gachagua, but will now be dropped because they have been overtaken by events since the ouster happened.
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Gachagua intends to continue with petitions urging the High Court to find his impeachment was not constitutional and therefore invalidate it.
The former DP has now filed notice to withdraw the four petitions, collectively referred to as cohort one.
"The constitutional and legal issues raised in the above-mentioned pre-impeachment petitions are replicated in the post-impeachment petitions," reads the letter to the CJ.
Last week, the Court of Appeal dissolved a bench of three judges unconstitutionally appointed by Deputy Chief Justice Philomena Mwilu and ordered Koome to form an empanelled bench to hear Gachagua's petitions.
The bench will be set up to hear and determine Gachagua's post-impeachment petitions seeking to overturn his removal as deputy president.
They include five petitions filed in Nairobi and four others filed in the Kerugoya High Court.
"The above-mentioned post-impeachment petitions have not been withdrawn and are still on record awaiting hearing and determination by the court," the notice reads.
"In the circumstances, we respectfully request that when placing the petitions that were subject of the appeal before Honourable CJ in compliance with the Court of Appeal's directive, please bring to the attention of the Honourable CJ the notice of withdrawal for her Ladyship's consideration when empanelling a bench," reads the letter by Gachagua's lawyer Victor Swanya.
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