Former Deputy President Rigathi Gachagua has withdrawn two petitions he filed last year to challenge his impeachment by parliament, saying they had been overtaken by events.
Gachagua's legal team on Thursday, May 15, applied to the High Court, seeking to withdraw the pre-impeachment petitions that the new Democracy for Citizens Party (DCP) leader filed in October last year.
He had filed the cases seeking to stop the National Assembly and the Senate from impeaching him following a special impeachment motion that sought Gachagua's dismissal on 11 grounds.
The former DP withdrew the two pre-impeachment petitions on Friday to focus on the post-impeachment suit currently under consideration by the High Court.
"The conditional and legal issues raised in the above-mentioned pre-impeachment petitions are replicated in the post-impeachment petitions," read the application.
In the application, Gachagua's legal team called on the High Court to place the active post-impeachment petition before the Chief Justice to empanel a bench to hear and determine the matter.
"We respectfully request that when placing the petitions that were subject to the appeal before Honourable CJ in compliance with the Court of Appeal's directive, please bring to the attention of the Honourable CJ the notice of withdrawal for her Ladyship's consideration when empanelling a bench," the application read further.
The latest development comes a week after the Court of Appeal quashed a decision by Deputy Chief Justice Philomena Mwilu to constitute a three-judge bench to hear and determine the impeachment case.
In the ruling delivered on Friday, May 9, the Appellate Court directed that the matter be referred to Chief Justice Martha Koome, who has the executive mandate to empanel a bench to hear and determine such cases.
Mwilu had appointed Justices Eric Ogolla, Anthony Murima, and Fred Mugambi to hear Gachagua's petition challenging his impeachment. However, the former DP's legal team filed an appeal challenging Mwilu's decision to appoint the three judges.
Gachagua's legal team moved to the Court ot Appeal after the High Court upheld the deputy Chief Justice's decision and rejected calls for the appointed judges to recuse themselves.
The High Court argued that in the absence of the Chief Justice, the DCJ is permitted to carry out certain administrative functions, in line with constitutional provisions.
