A new petitioner has applied to the High Court to take over the impeachment cases filed by the former Deputy President Rigathi Gachagua before the Constitutional Court.
In the Court papers filed by Chimei & Malenya Advocates, the applicant, Fredrick Mulaa, asserts that the petitions were filed in public interest and hence cannot be unilaterally withdrawn as attempted by Gachagua’s legal team.
“All the Petitions filed which challenge the impeachment of the Deputy President, whether pre or post-impeachment were filed in the public interest. This Court has to intervene and give directions on the Petitions under cohort 1 before the Notice of Withdrawal is endorsed,” court papers read in part.
“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 petitioner, in his affidavit, says the outcome of the petitions could affect future office holders in the Office of the Deputy President.
“I seek 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,” Mulaa said.
“I verily believe that the issues raised in the said Petitions are still live and are to be determined as the office of a Deputy President is a State Office enshrined in the Constitution and will have other occupants in the future who can be affected by the impugned processes.”
5 cases
This comes days after Gachagua’s legal team sought to withdraw five petitions filed at the High Court challenging the process and decision of the National Assembly to approve his impeachment.
Among the cases that lawyers sought to withdraw include those filed by Gachagua, Kennedy Kariithi, Dennis Okumu, John Mugo Kiragu and a lawyers’ lobby group – Gema Watho Association – in October 2024 during the impeachment process.
“The withdrawal is based on grounds that the constitutional and legal issues raised in the four pre-impeachment petitions are replicated in the seven post-impeachment petitions,” the notice filed in court by lawyer Victor Swanya read in part.
Francis Muli
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