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Former Deputy President Rigathi Gachagua has dropped his High Court case challenging his impeachment, arguing that the matter no longer needs to be heard.
His lawyers made the announcement on Wednesday, November 4. They said he will pursue his appeal, which is still working its way through the courts.
The petition, Constitutional Petition No. E522 of 2024, was filed in October 2024 to block his removal before it could happen. His legal team argued that the National Assembly broke the Constitution by rushing the process and failing to involve the public properly.
Justice Lawrence Mugambi made it the lead case and merged it with five similar petitions. The Chief Justice then assigned a three-judge bench to hear the dispute. The High Court later declined to freeze the impeachment process while the case was heard.
Gachagua’s lawyers said the issues in his petition had already been settled in a related case. Those issues included political bias, the lack of public involvement, and fairness of procedure. They pointed to the High Court ruling of June 8, which had already addressed these points.
Keeping E522 alive, they said, would only waste the court’s time. The legal team will now concentrate on the appeal, where they intend to challenge the judgment they disagree with. The Court of Appeal is expected to issue directions on November 19.
Gachagua is one of several opposition leaders hoping to become the presidential candidate who will challenge President William Ruto in next year’s general election.
Political analysts warn that his impeachment could stand in his way. Article 75(3) of the Constitution prevents public officers who were removed for violating Chapter Six from holding any other state or public office.
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