Gachagua Withdraws High Court Petitions Challenging Impeachment, Shifts Focus to Court of Appeal
Former Deputy President Rigathi Gachagua has withdrawn two High Court petitions challenging his impeachment, opting to concentrate his legal battle at the Court of Appeal.
Gachagua’s legal team confirmed the decision on Wednesday, November 4, 2026, saying the issues raised in the withdrawn cases had largely been addressed in a separate petition, making further proceedings unnecessary.
The petitions, E522 of 2024 and E525 of 2024, were formally withdrawn through an application presented before a three-judge bench comprising Justices Eric Ogola, Freda Mugambi and Anthony Mrima.
His lawyers argued that continuing with the cases would unnecessarily consume judicial time since the High Court had already determined similar constitutional questions in Petition E565 of 2024.
The judges allowed the withdrawal, noting that the application was merited, and directed that the two petitions be closed without an order on costs. Other related petitions will, however, continue as scheduled.
Gachagua’s legal team said it would now concentrate on challenging the June 8, 2026, High Court judgment that upheld his removal from office, with the matter proceeding to the Court of Appeal.
In the appeal, the former Deputy President is seeking to overturn key findings that upheld his impeachment while maintaining favourable aspects of the judgment, including the Sh50 million compensation awarded after the court found that his right to a fair hearing had been violated during the Senate proceedings.
The High Court had ruled that although his constitutional rights were infringed, the violations were not sufficient to invalidate the entire impeachment process or reinstate him to office.
The Court of Appeal is expected to give further directions on the matter on November 19, 2026, as Gachagua continues his legal challenge against the circumstances surrounding his removal in October 2024.
