Former Deputy President Rigathi Gachagua has made a significant change to his legal battle against his impeachment after withdrawing one of the petitions he filed at the High Court.
The decision marks a shift in how the former deputy president's legal team intends to challenge his removal from office in October 2024.
Gachagua withdrew Petition E522 of 2024 after instructing his lawyers to discontinue the case. His lawyer, Victor Swanya, informed the court about the decision, explaining that the former deputy president had personally directed the move.
But why has Gachagua decided to abandon one of the cases while his fight against impeachment is still ongoing?
According to Swanya, the petition raised issues that had already been addressed in another related case, Petition E565 of 2024.
The lawyer explained that continuing with both matters would consume valuable judicial time without necessarily producing a different outcome.
He told the court that the legal team preferred to concentrate its resources on challenging the ruling in E565 rather than pursuing two cases dealing with substantially similar issues.
The two petitions were filed at different stages of Gachagua's impeachment.
Petition E522 was lodged before the Senate completed the impeachment process. It challenged the legality and constitutionality of the proceedings initiated by the National Assembly.
The respondents included the Speakers of both Houses of Parliament, the National Assembly and the Senate.
However, the situation changed on October 17, 2024, when the Senate voted to uphold the impeachment charges against Gachagua, confirming his removal from office.
Following that decision, Gachagua filed Petition E565 to challenge the Senate's action.
It is the High Court judgment in this second petition that his legal team is now challenging at the Court of Appeal.
Swanya explained that the High Court had previously clarified that its judgment in E565 would also guide the determination of issues raised in E522.
That clarification influenced the decision to withdraw the earlier petition and concentrate on the appeal.
The lawyer further confirmed that the Court of Appeal proceedings were already scheduled, with directions set for July 19.
The latest development means Gachagua's legal team is narrowing its focus to the appeal against the High Court's findings rather than continuing with overlapping proceedings.
However, withdrawing Petition E522 does not mean Gachagua has abandoned his wider fight against the impeachment.
His remaining legal challenge is now centred on the Court of Appeal, where his lawyers hope to overturn the High Court decision that upheld the Senate's impeachment process.
Source:https://www.tuko.co.ke/politics/645647-rigathi-gachagua-withdraws-impeachment-petition-e522-2024/
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