Gachagua withdrew Petition E522 of 2024, which was filed at the High Court before the Senate completed the impeachment process that led to his removal from office in October 2024.
His lawyer, Victor Swanya, informed the court on Tuesday, November 4, that the decision to discontinue the case had been made by Gachagua himself.
Swanya explained that the petition raised issues that had already been addressed in another related case, making it unnecessary to continue pursuing both matters.
The lawyer told the court that the legal team wanted to avoid spending additional judicial time on issues that had already been determined in Petition E565 of 2024.
According to Swanya, the team would instead concentrate its efforts on challenging the judgment arising from the latter petition before the Court of Appeal.
He explained that the High Court had previously indicated that the judgment in E565 would also apply to E522, influencing the decision to withdraw the earlier case.
The two petitions were filed at different stages of Gachagua's impeachment proceedings.
Petition E522 was lodged before the Senate concluded the impeachment process. It challenged the constitutionality and legality of proceedings initiated by the National Assembly against the then Deputy President.
The case named the Speakers of the National Assembly and Senate, alongside the two parliamentary houses, among the respondents.
On the other hand, Petition E565 was filed after the Senate voted on October 17, 2024, to uphold the impeachment charges against Gachagua, effectively removing him from office.
That case directly challenged the Senate's decision and became the central focus of his continuing legal battle.
Swanya maintained that the legal team was now concentrating on the appeal rather than pursuing another case containing similar arguments.
The lawyer also confirmed that the matter before the Court of Appeal had been scheduled for directions on July 19.
Gachagua was impeached in October 2024 following a motion introduced by Kibwezi West MP Mwengi Mutuse. The Senate subsequently upheld the charges, paving the way for Kithure Kindiki to take over as Deputy President.
The withdrawal of E522 does not mean Gachagua has abandoned his entire legal challenge against the impeachment. His lawyers intend to pursue the appeal arising from E565.
The latest development therefore marks a change in how the former Deputy President's legal team is pursuing the dispute, with attention now focused on the appellate proceedings.
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