Petition filed to block withdrawal of Gachagua impeachment cases

An application has been filed in court seeking to prevent the withdrawal of petitions challenging the removal of former Deputy President Rigathi Gachagua.

According to the petitioner, Kelly Maleya, who is also a lawyer, all the petitions—whether filed before or after the impeachment—challenge the legality of the impeachment process and were filed in the public interest.

Maleya states that he intends to take over the said petitions and prosecute them to their conclusion.

"The petitions raise issues of public interest, particularly concerning the impeachment process of a deputy president—and in this case, the impeachment of Rigathi Gachagua," court documents read.

This comes after the Court of Appeal on May 9, 2025 quashed a decision by Deputy Chief Justice Philomena Mwilu made on October 18, 2024, to constitute a three-judge bench to hear a petition challenging Gachagua’s removal from office.

The appellate court further directed that the matter be referred to the Chief Justice, who holds the exclusive mandate to empanel a bench to hear and determine such matters. 

DCJ Mwilu had appointed Justices Eric Ogolla, Anthony Mrima, and Freda Mugambi to hear the case, an action Gachagua’s legal team challenged as unconstitutional, arguing that only the Chief Justice has the authority to make such appointments. 

The High Court has since postponed proceedings inthe constitutional petition involving Gachagua following the Court of Appeal decision.

In a notice issued by Assistant Deputy Registrar Beja Nduke last week, all parties were informed that the matter has been adjourned pending further directions from the Chief Justice.