Former Deputy President Rigathi Gachagua has withdrawn a High Court petition challenging the process that led to his impeachment, saying the case has been overtaken by events.
Gachagua’s lawyers confirmed the withdrawal on Wednesday, November 4, 2026, saying their client would now concentrate on a separate appeal that is still progressing through the courts.
The withdrawn case, Constitutional Petition No. E522 of 2024, was filed in October 2024 in an attempt to stop the impeachment proceedings against him.
ALSO READ
His legal team had argued that the National Assembly’s process was unconstitutional, rushed and lacked meaningful public participation.
“The petitioner, as you know, is the second Deputy President, Rigathi Gachagua,” his lawyers said while confirming the withdrawal, adding that petitioners have the right to discontinue their cases.
Why Gachagua withdrew the petition
The petition was designated as the lead case by High Court Judge Lawrence Mugambi and consolidated with five other petitions raising related constitutional questions.
The dispute also prompted Chief Justice Martha Koome to constitute a three-judge bench to hear the matters.
However, the High Court declined to issue an emergency order stopping the impeachment proceedings from continuing.
Gachagua’s lawyers now argue that pursuing Petition E522 of 2024 would serve little purpose because related issues had already been addressed in another court decision.
They said questions surrounding alleged political bias, public participation and procedural fairness had been considered in a ruling delivered on June 8.
According to the legal team, continuing with the withdrawn petition would unnecessarily consume court time when their client had already moved to challenge the outcome through an appeal.
Gachagua to pursue appeal
The former Deputy President’s lawyers said their focus had shifted to the appeal, through which they intend to challenge a judgment they disagree with.
The Court of Appeal is scheduled to give directions in the matter on November 19, 2026.
The withdrawal of Petition E522 of 2024 does not, therefore, amount to an announcement that Gachagua has abandoned his entire legal challenge to the impeachment. His lawyers say the separate appeal will continue.
Impeachment and Gachagua’s political ambitions
Gachagua remains among opposition figures positioning themselves for the 2027 General Election, with the former Deputy President seeking to play a central role in efforts to challenge President William Ruto.
However, questions have been raised about the possible implications of his impeachment for his eligibility to hold public office.
Political analysts have pointed to Article 75(3) of the Constitution, which provides for restrictions on individuals dismissed or removed from public office for violating Chapter Six on leadership and integrity.
The precise application of that provision to Gachagua’s circumstances remains a matter requiring legal interpretation and should not be treated as a settled determination of his eligibility.
His decision to withdraw the High Court petition marks a shift in his legal strategy as he prepares to pursue the remaining appeal while continuing his political activities ahead of the 2027 elections.