NAIROBI, Kenya – A three-judge bench has rejected a renewed bid by former Deputy President Rigathi Gachagua to remove himself from petitions challenging his impeachment, reaffirming his role as the main petitioner in the high-profile legal battle.
Justices Eric Ogola, Anthony Mrima, and Freda Mugambi also dismissed an application by Fredrick Mula, who had sought to be substituted in Gachagua’s place in four of the more than 30 petitions filed in the aftermath of the impeachment proceedings.
Delivering the ruling on Thursday, the judges said the attempt to revoke Gachagua’s earlier notice of withdrawal from the case had been successful—but that the substitution request was both premature and unjustified.
“The application dated June 16, seeking to revoke the notice of withdrawal, is hereby allowed. The application seeking substitution of the petitioner is declined,” the bench ruled, directing each party to bear their own costs.
The decision locks Gachagua into the legal process he initiated, even after weeks of procedural wrangling, including his controversial move to withdraw the petitions—only to later contest the withdrawal through his legal team.
Judges Reject Recusal Bid
In a separate but related determination, the bench also dismissed an application by a group of lawyers seeking the judges’ own recusal from the matter.
The petitioners had argued that the empanelment of the bench was irregular and asked the court to refer the file back to Chief Justice Martha Koome for fresh appointment of judges.
However, the judges ruled that such a request was legally unfounded and amounted to interference with the judiciary’s administrative independence.
“The empanelment of benches is an administrative function of the Chief Justice under Article 165 of the Constitution and not a judicial issue to be determined by the bench already empaneled,” they stated.
The court warned that granting such a request without substantive justification would set a dangerous precedent, potentially eroding public confidence in judicial impartiality.
“The allegations of bias, conflict of interest, or abuse of power have not been substantiated,” the ruling added, noting that the application also violated the doctrine of res judicata, which bars re-litigation of matters already settled.
With these rulings, the path is now clear for the impeachment-related petitions to proceed to the substantive hearing stage.
The petitions were filed in the wake of Gachagua’s ouster as Deputy President—a move that triggered a wave of political and legal controversy.
