Petition challenging Gachagua impeachment to be mentioned in January

The High Court in Nairobi has directed a petition challenging the impeachment process of former Deputy President Rigathi Gachagua to be mentioned in January next year.

This after the petitioners asked the court to wait for the Court of Appeal’s decision in a case in which Gachagua is challenging the decision that ruled that Deputy Chief Justice Philemona Mwilu did not violate the Constitution when she appointed the three-judge bench.

"As such the same is hereby allowed to amend their petition and serve within 30 days," the court directed, after one of the petitions in the matter was withdrawn.

The matter was fixed for further directions January 23, 2025.

This comes after Gachagua’s appeal case against the formation of the three-judge High Court bench by DCJ Mwilu was set for hearing on or before December 20, 2024.

In the Court of Appeal’s Wednesday proceedings presided over by Justices Patrick Kiage, Aggrey Muchelule and George Odunga, Gachagua sought that his matter be heard on priority basis, owing to its public interest nature.

The ousted DP argued that the three-judge bench that lifted conservatory orders okaying his replacement was unconstitutional and illegal saying it should have been constituted by Chief Justice Martha Koome.

The former DP also withdrew parts of his appeal which he said were overtaken by events after Prof. Kithure Kindiki was sworn in as the new Deputy President.