GACHAGUA DROPS TWO IMPEACHMENT CASES AS 2027 PRESIDENTIAL AMBITIONS FACE LEGAL HURDLES
Rigathi Gachagua has withdrawn two High Court petitions challenging his impeachment, shifting focus to his pending appeal as questions over his 2027 political ambitions persist.
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Former Deputy President Rigathi Gachagua has withdrawn two High Court petitions challenging his impeachment, shifting his legal battle to the Court of Appeal as questions surrounding his eligibility to seek public office continue to attract attention.
Gachagua's lawyers made the application on Wednesday, November 4, 2026, arguing that the petitions had been overtaken by events after a related High Court judgment addressed the constitutional issues they had initially raised.
The two petitions, E522 and E525 of 2024, were filed in connection with the process that led to Gachagua's removal from office in October 2024.
Appearing before a three-judge bench comprising Justices Eric Ogola, Freda Mugambi and Anthony Mrima, his legal team said pursuing the cases would amount to duplicating arguments that had already been considered in a related petition.
"Clients or petitioners have a right to withdraw their matters at the end of time, and this is exactly what the petitioner in E522 has done," the lawyers stated.
The court subsequently allowed the withdrawal of both petitions without awarding costs, noting that the issues raised had substantially been addressed in the judgment arising from Petition E565 of 2024.
The development marks a shift in Gachagua's legal strategy, although it does not mean he has abandoned his challenge to the impeachment.
When Gachagua filed Petition E522 in 2024, his objective was to stop the National Assembly's impeachment proceedings before they could be completed.
His legal team questioned the constitutionality of the process, arguing that it was rushed, politically motivated and conducted without meaningful public participation.
The petition also raised concerns about procedural fairness and whether the former Deputy President had been afforded a proper opportunity to defend himself against the allegations.
The matter attracted significant judicial attention, with High Court Judge Lawrence Mugambi identifying it as an anchor case before it was consolidated with other petitions challenging the impeachment.
Chief Justice Martha Koome subsequently constituted a three-judge bench to handle the constitutional dispute.
However, the impeachment proceedings continued after the court declined to grant the emergency orders sought to stop the process.
Gachagua's lawyers now argue that the subsequent judgment in E565 addressed the issues raised in the earlier petitions, making it unnecessary to continue pursuing parallel proceedings.
Despite withdrawing the two petitions, Gachagua intends to continue challenging the judgment arising from the related impeachment proceedings.
His legal team is now concentrating on the appeal before the Court of Appeal, where it hopes to challenge the findings made by the High Court.
The appellate court is expected to give directions on the matter on November 19, 2026.
The outcome could have implications beyond the legal circumstances surrounding Gachagua's removal, particularly as he positions himself among opposition figures seeking to challenge President William Ruto in the 2027 General Election.
One constitutional provision that has featured in discussions surrounding Gachagua's political ambitions is Article 75(3) of the Constitution, which addresses the disqualification of individuals removed from State office for violating specified leadership and integrity requirements.
The provision states that a person dismissed or otherwise removed from office for contravening Article 75(1), or the specified provisions of Articles 76, 77 and 78(2), is disqualified from holding another State office.
However, the provision does not automatically disqualify every individual who has been impeached. Its application depends on the legal grounds for removal and whether the circumstances meet the specific constitutional requirements.
Consequently, the legal arguments surrounding Gachagua's impeachment and the findings of the courts could become important in determining whether the constitutional restriction applies to his circumstances.
For now, the withdrawal of the two petitions narrows his ongoing legal battle, but the appeal remains a significant part of his attempt to challenge the circumstances surrounding his removal from office.
As the 2027 elections approach, the question of whether Gachagua can successfully navigate the legal challenges surrounding his impeachment remains an important consideration in his political ambitions.
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Written by FRANKLINE NYANDORO
Reporter and staff writer at Getembe News.
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