The drama surrounding the impeachment of former Deputy President Rigathi Gachagua has taken a new twist after a lawyer insisted that cases challenging his removal from office should be allowed to go on.
Gachagua filed two cases challenging his removal from office, but later applied to withdraw the petitions, arguing they had been overtaken by events.
However, on Tuesday, May 20, lawyer Kelly Maleya moved to court seeking to bar Gachagua from withdrawing his cases that sought to challenge his impeachment.
In his petition, Maleya argues that Gachagua's cases challenging Parliament's decision to remove him from office are of great public interest and should therefore be allowed to go on to a full hearing.
Consequently, Maleya said he would take over Gachagua's original and prosecute them to their logical conclusion.
According to the petitioner, the two petitions by the leader of the Democracy for the Citizens Party (DCP) raised matters of public interest, particularly the impeachment of a Deputy President, making it essential for the case to proceed through due process instead of being dismissed.
"The intended Petitioner seeks to take over the said Petitions and prosecute the said Petitions to conclusion noting that they raise public interest issues more particularly on the impeachment process of a Deputy President and in this case the impeachment of the 2nd Deputy President of the Republic of Kenya, Hon Rigathi Gachagua," the petitioners argued.
Gachagua had initially filed the cases seeking to stop the National Assembly and the Senate from impeaching him following a special motion that sought to remove him from office on 11 grounds.
After battling in court for months, Gachagua, through his legal team, withdrew two petitions, arguing that the petitions had been overtaken by events.
The withdrawal came just as the former DP launched his new political party - the Democracy for Citizens Party (DCP). It also came after Gachagua had resigned from the ruling United Democratic Alliance (UDA), whose leader is President William Ruto.
"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," Gachagua's application stated.
In the fresh counter-petition on Tuesday, the Maleya asked the court to treat the matter as urgent, and that subsequent proceedings be given priority because of the constitutional matters which are on the line by virtue of Gachagua's impeachment.
On May 9, days before Gachagua withdrew his petitions, the former DP was handed a boost after the Court of Appeal quashed a decision by Deputy Chief Justice Philomena Mwilu to constitute a three-judge bench to hear Gachagua's impeachment case.
The appellate court ordered the matter to be reheard by Martha Koome, since the Chief Justice holds the executive mandate to empanel a bench to hear and determine such matters.
In what was a calculated move, Gachagua sought to withdraw his two pre-impeachment petitions to focus on the post-impeachment suit currently under consideration.
