GACHAGUA throws in the towel and withdraws case challenging his impeachment

Thursday, November 7, 2024 - Former Deputy President Rigathi Gachagua has finally given up on his fight challenging his impeachment.

This is after he withdrew a petition that he lodged at the Court of Appeal over the empanelment of the three judge-bench to hear and determine the case challenging his impeachment.

The latest move comes as Gachagua last week promised to offer direction to his Mt Kenya backyard following his speedy impeachment last month.

Gachagua’s lawyers, led by Senior Counsel Paul Muite, told Justices Patrick Kiage, Aggrey Muchelule, and George Odunga that his client wished to have the application withdrawn.

He argued that the withdrawal request was because the case had been overtaken by the order of events, following the swearing-in of Deputy President Kithure Kindiki.

“The impugned bench proceeded to vacate the conservatory orders in a ruling which allowed one Prof Kithure Kindiki to be sworn in as Deputy President. Our stay application is thus overtaken by events, very regrettably,” Muite told the judges.

Gachagua had filed an appeal at the court seeking the orders of the bench to declare Justices Eric Ogola, Anthony Mrima, and Freda Mugambi bench unconstitutional arguing that it was constituted by Deputy Chief Justice Philomena Mwilu and not Chief Justice Martha Koome as ought to be.

This comes after the three-bench judge ruled out Gachagua’s petitions challenging his impeachment by the National Assembly and the Senate.

Judges presiding over the case at the Court of Appeal agreed to have the petition withdrawn without any objection.

Gachagua’s withdrawal comes at a time when his political lifeline at the Presidency has been dealt a final blow following the swearing-in of Kindiki as Deputy President.

The Kenyan DAILY POST