The High Court has allowed former Deputy President Rigathi Gachagua to withdraw two petitions challenging his impeachment, clearing the way for him to focus on his case at the Court of Appeal.
A three-judge bench comprising Justices Eric Ogola, Anthony Mrima and Freda Mugambi granted the request on Wednesday, November 4, 2026, after his lawyers made an oral application to withdraw Petitions No. 522 of 2024 and No. 525 of 2024. The respondents did not oppose the application.
“My lords and my lady, we are making the application to withdraw the said petitions on the instructions of our client, the second Deputy President Rigathi Gachagua,” the lawyers told the court.
The lawyers said most of the issues raised in the two petitions had already been dealt with in the judgment on the main case, Petition No. E565 of 2024. They noted that Gachagua had appealed most of that judgment and that the matters were now before the Court of Appeal. The judges accepted his argument that the main judgment had settled all the issues in the two petitions, leaving nothing further to argue.
“Having considered the application in light of the set legal principles on withdrawal of applications, we are of the considered decision that the application is merited,” the bench said.
The judges noted, however, that Petition 525 was the lead file in a consolidated series of petitions. They therefore limited the withdrawal to the two petitions and directed that all the other petitions before the court proceed to hearing as scheduled.
“Consequently, Petitions 522 of 2024 and 525 of 2024 are hereby withdrawn with no orders as to costs,” the court ruled.
In its main judgment on June 8, 2026, the same bench declined to overturn Gachagua’s impeachment, upholding the Senate’s decision to remove him from office and confirming Kithure Kindiki’s appointment as his successor.
The court, however, found that his rights to a fair trial and fair administrative action had been violated when the Senate refused to adjourn the proceedings after he fell ill and was admitted to hospital. It awarded him Sh50 million in constitutional damages.
In his appeal, Gachagua is challenging the findings that went against him while seeking to retain those in his favour, including the Sh50 million award. The Court of Appeal is set to give directions on November 19, 2026.
Gachagua was impeached by the Senate on October 17, 2024, becoming the first Deputy President in Kenya’s history to be removed from office. The impeachment motion, which contained 11 charges, was introduced in the National Assembly by Kibwezi West MP Mwengi Mutuse and backed by 282 MPs.
The Senate found him guilty on five of the 11 charges of gross violation of the Constitution and other laws. Gachagua denied all the charges and went to court, together with other petitioners, arguing that the entire parliamentary process was flawed.
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