“Overtaken by Time”: Rigathi Gachagua Formally Withdraws High Court Impeachment Challenge

Former Deputy President Rigathi Gachagua has officially withdrawn his High Court petition challenging his October 2024 impeachment, with his legal team citing that the constitutional suit has been overtaken by events.

Speaking to the press, Gachagua’s lawyers confirmed the withdrawal of Constitutional Petition No. E522 of 2024—a suit initially filed to pre-emptively block his ouster by the National Assembly and the Senate.

“Clients or petitioners have a right to withdraw their matters at any time, and this is exactly what the petitioner in E522 has done. The petitioner, as you know, is the former Deputy President, Rigathi Gachagua,” his legal team stated.

Procedural History and Judicial Maneuvers

In the original petition, Gachagua’s legal team argued that the parliamentary impeachment process was unconstitutional, rushed, and severely lacked meaningful public participation.

Given the significant constitutional questions raised, High Court Judge Lawrence Mugambi designated the lawsuit as the lead anchor case, consolidating it with five similar petitions. Chief Justice Martha Koome subsequently empaneled a three-judge bench to hear the consolidated matters.

However, the legal strategy hit a hurdle when the High Court declined to grant emergency orders halting the impeachment proceedings, allowing the Senate trial to move forward.

Focus Shifts to the Court of Appeal

Explaining the decision to drop the High Court matter, Gachagua’s counsel noted that pursuing the case further would consume valuable judicial time, as key constitutional questions regarding procedural fairness, public participation, and political bias were addressed in subsequent rulings.

Instead, the legal team confirmed that their efforts are now entirely concentrated on their pending appeal at the Court of Appeal.

“The Court of Appeal is set to give directions on November 19, 2026,” his defense counsel added, noting that they intend to challenge the High Court’s findings directly at the appellate level.

2027 Election Implications

The legal maneuvering comes as Gachagua position himself among key opposition figures seeking to challenge President William Ruto in the upcoming 2027 General Election.

However, legal experts note that his political ambitions remain tied to the outcome of his appellate challenge. Under Article 75(3) of the Constitution of Kenya, any public officer who has been removed from office for violating Chapter Six (Leadership and Integrity) is permanently disqualified from holding any other state or public office.