By Our Reporter
A Nairobi-based advocate has moved to court to block the withdrawal of five petitions tied to the impeachment of former Deputy President Rigathi Gachagua, arguing that the cases raise matters of significant public interest and should proceed to a full hearing.
In a certificate of urgency filed at the Milimani Law Courts, Advocate Kelly Malenya of Chimei and Malenya called on the court to intervene before endorsing the notice of withdrawal issued by Mr Gachagua’s legal team.
“These petitions are not merely political instruments. They concern constitutional questions surrounding the removal of a sitting Deputy President, and it is in the public’s interest that they be heard and determined conclusively,” Malenya stated in court papers.
The five petitions, designated as “Cohort 1”, were filed in October 2024 during the impeachment proceedings in the National Assembly. The petitioners included Gachagua himself, Kennedy Kariuki, Dennis Okumu, John Mugo Kiragu, and the Gema Watho Association.
Last week, Gachagua’s legal team sought to withdraw the petitions, citing duplication with newer suits filed after the Senate upheld the impeachment. However, Malenya has contested the withdrawal, arguing that the issues raised remain unresolved and should not be dismissed summarily.
“The petitions highlight critical constitutional concerns around due process and the powers of Parliament and the Executive. They should not be withdrawn without judicial oversight,” he argued.
Malenya is now seeking leave from the court to formally take over and prosecute the cases to conclusion. He warned that allowing the withdrawal without scrutiny risks setting a dangerous precedent where matters of national importance can be abandoned for political expediency.
He added: “This is not just about one individual, it’s about safeguarding the integrity of our institutions. The public deserves clarity on whether the impeachment was conducted in accordance with the law.”
The court is expected to issue directions on the matter in due course. If allowed, Malenya’s intervention could revive the contentious petitions, potentially reigniting debate over Gachagua’s ouster and the legality of the processes that led to it.
