Former Deputy President Rigathi Gachagua has withdrawn two petitions he filed last year challenging his impeachment by Parliament. His legal team told the High Court on May 15, 2025, that the petitions had been overtaken by events.

Gachagua had initially moved to court in October 2024 to stop the National Assembly and Senate from debating an impeachment motion based on 11 charges. After the impeachment process was concluded, he shifted focus to a post-impeachment petition now pending in the High Court.

This legal shift follows a ruling by the Court of Appeal on May 9, which quashed Deputy Chief Justice Philomena Mwilu’s decision to appoint a three-judge bench. Mwilu had appointed Justices Eric Ogolla, Anthony Murima, and Fred Mugambi to hear the case.

Gachagua’s legal team appealed the appointment, arguing that only Chief Justice Martha Koome has the constitutional mandate to form such benches. The Court of Appeal agreed, citing Article 165(4) of the Constitution, and referred the matter to the Chief Justice.

In their latest application, Gachagua’s lawyers asked the High Court to forward the active petition to Chief Justice Koome. They also requested that she be informed about the withdrawal of the earlier petitions since the issues raised are still relevant.

High Court proceedings have since been paused, awaiting the Chief Justice’s directive. The case highlights the critical need to respect constitutional roles in the judiciary.