Gachagua withdraws case before Court of Appeal

Nov 6, 2024 - 17:42

By Peter Ochieng

Former Deputy President (DP) Rigathi Gachagua on Wednesday directed his lawyers to withdraw a petition he had filed before the Court of Appeal.

Gachagua moved to the Court, after a three-judge bench at the High Court level ruled that Deputy Chief Justice (DCJ) Philomena Mbete Mwilu did not go against the law, when she formed the bench to hear a case against his impeachment.

Gachagua’s lawyers had insisted that only the Chief Justice (CJ), in this case Martha Karambu Koome had the powers to form the three-judge bench.

While seeking for the withdrawal of the case, his legal team led by Paul Muite said the petition has been overtaken by events, since Kithure Kindiki has already been sworn in to replace Gachagua.

“The impugned bench proceeded to vacate the conservatory orders in a ruling which allowed one Prof Kithure Kindiki to be sworn in as Deputy President. Our stay application is thus overtaken by events, very regrettably,” Muite said.

Kisumu Senator Tom Ojienda, one of the advocates representing the National Assembly welcomed the withdrawal request, but added that they will be pushing for compensation.

“We want to thank Senior Counsel Muite for considering it fit to withdraw the application, the consequence whereof my lord would be our entitlement to cost which we want to pursue vigorously. We would want to pursue costs because that is deserved, we have had sleepless nights just preparing for this application,’’ he said.

Kindiki was sworn in as Kenya’s third Deputy President on Friday last week. On the same day, Gachagua informed his supporters through a post on social media that he had relocated to his Nyeri home, perhaps to re-strategize ahead of the 2027 polls.

“Home Sweet Home!” he wrote. “Thanking God for the gift of my family. The smell of fresh grass, sounds of chirping birds is what a happy family needs. I will remain forever grateful to God, for giving me a loving and supportive family. We are happy to be home, where I was born and brought up!”