Former Deputy President Rigathi Gachagua has withdrawn Petition E522 of 2024, one of two High Court cases he had filed in connection with his impeachment from office in October 2024. His lawyer, Victor Swanya, confirmed the withdrawal, explaining that the decision came directly from Gachagua himself. The withdrawal narrows Gachagua's legal challenge to a single track at the Court of Appeal.
According to Swanya, the core issues raised in E522 had already been addressed in a separate but related matter, Petition E565 of 2024, making it unnecessary to continue litigating both cases simultaneously. The High Court had previously clarified that any judgment in E565 would abide by E522, informing the decision to consolidate efforts and abandon the earlier petition.
The two petitions arose at distinct stages of Gachagua's removal from office. E522 was filed before the Senate completed the impeachment process, challenging the legality and constitutionality of proceedings initiated by the National Assembly. The respondents named in that petition were the Speaker of the National Assembly, the National Assembly itself, the Speaker of the Senate, and the Senate.
E565 was filed after October 17, 2024, when the Senate voted to uphold the impeachment charges against Gachagua and confirmed his removal. That petition challenged the Senate's decision directly, and it is the judgment in E565 that Gachagua's team has since appealed. Swanya confirmed that the Court of Appeal matter is already scheduled, with directions set for July 19 at the appellate court.
Gachagua's legal team will redirect their focus to the appeal pending at the Court of Appeal. Swanya noted that spending time on E522 would be redundant, given that the issues had already been addressed in E565. The team will contest the High Court's findings in E565 on the terms already set for hearing later this month.
The withdrawal of E522 was a strategic decision to focus on the appeal. Swanya stated that the team does not expect any different findings from what they have in E565. By withdrawing E522, Gachagua's team aims to consolidate their efforts and pursue the appeal efficiently.
The development marks a significant shift in Gachagua's legal strategy. With E522 withdrawn, the former deputy president's team will concentrate on the Court of Appeal, where they will challenge the High Court's findings in E565. The appeal is scheduled for July 19, and Gachagua's team is preparing to present their case.
Key points
- Former Deputy President Rigathi Gachagua withdraws impeachment petition E522 of 2024 due to overlapping issues with another petition.
- The withdrawal allows Gachagua's team to focus on an appeal pending at the Court of Appeal.
- The Court of Appeal matter is scheduled for July 19, where Gachagua's team will contest the High Court's findings in E565.
