Former Deputy President Rigathi Gachagua suffered a legal setback when the High Court in Nairobi declined to overturn the swearing-in of Kithure Kindiki as the new Deputy President.
In a ruling delivered on Thursday, July 31, a three-judge bench noted that Gachagua's plea had already been overtaken by events.
"These applications have been overtaken by events following the judgment by the Court of Appeal and the ruling of this court," said Judge Anthony Mrima.
The court also rejected the former deputy president's second petition, which demanded that the three-judge panel empanelled by Chief Justice Martha Koome recuse itself from hearing the impeachment petition.
According to the court, it was the mandate of the Chief Justice to decide which judges handle what particular cases, as cited under Article 165 of the Constitution.
The bench also dismissed Gachagua's claims of bias and abuse of power, stating that there was a lack of evidence from the petitioners about such acts.
"The allegations of bias, conflict of interest and abuse of power have not been substantiated in this case," the court declared.
Following the court ruling, Gachagua demanded full compensation from the government, accusing the current regime of kicking him out of office before the end of his term.
The judges further noted that returning the file to CJ Koome without justifiable reasons would open the door to a potential interference with the ongoing case.
Gachagua's request to have Justices Anthony Mrima, Fridah Mugambi, and Eric Ogolla recuse themselves came even as the judges reconvened to organise the hearing of the impeachment petition after CJ Koome empanned the bench.
Following yesterday's judgment, the court is expected to consolidate the impeachment petitions for further hearing and determination.
Meanwhile, the former DP was impeached in October last year after both the National Assembly and the Senate upheld a special motion filed by Kibwezi West MP Mwengi Mutuse.
