The matter, presented before Justice Bahati Mwamuye on Monday, was redirected to High Court Presiding Judge Chacha Mwita for further instructions.
The legal challenge, initiated by former United Democratic Alliance (UDA) Secretary-General Cleophas Malalah, aimed to block the National Assembly and Senate from advancing with an impeachment motion against Gachagua.
Malalah contended that the parliamentary process violated constitutional provisions, citing the failure of both Houses to meet the two-thirds gender rule requirement.
In a related development, the National Assembly has applied to consolidate all petitions challenging Gachagua’s impeachment.
According to the application, 13 separate petitions have been filed in various High Court stations across the country, all raising similar concerns regarding the legality of the impeachment.
The National Assembly argues that consolidating these cases would ensure a more efficient and timely resolution.
On September 30, the court also rejected a request to issue an injunction that would have temporarily halted Parliament from considering the impeachment motion.
This motion, filed earlier, seeks to prevent both legislative bodies from debating or acting on the motion to remove the Deputy President from office.
Gachagua’s impeachment has sparked significant political and legal debate, with opponents pointing to allegations of constitutional violations, while his supporters claim the impeachment process is flawed due to the gender rule non-compliance.