The legal battle surrounding the impeachment of former Deputy President Rigathi Gachagua has taken a new turn, as a man identified as Fredrick Mula has requested the High Court to allow him to take over the case after the original petitioners, including Gachagua himself, sought to withdraw.
Mula, through his lawyer Kelly Malenya, argued that the case raises critical issues of public interest and should not be dropped.
According to him, withdrawing the petitions would deny the public an opportunity to understand whether due process was followed during the impeachment process.
He now seeks to replace Gachagua and four other petitioners who had filed and later sought to withdraw their petitions challenging the Senate’s decision.
Gachagua was impeached after a vote in the Senate and later filed a petition claiming he was denied a fair trial, citing illness and inadequate time to prepare his defense before testifying.
A total of 12 petitions were filed against his impeachment, spanning the period before, during, and after the Senate proceedings. A three-judge bench had already grouped the petitions into two categories based on the filing timeline.
Despite the withdrawals, the case remains pending as the High Court awaits directions from Chief Justice Martha Koome.
The petitions raise fundamental questions on whether Parliament adhered to constitutional and legal procedures in removing Gachagua, whether his rights were violated, and whether there was sufficient public participation in the process.
Mula’s intervention aims to ensure that these questions are answered through a full hearing. His move could reignite legal scrutiny over the impeachment and may set a precedent for how politically sensitive withdrawals from public interest litigation are handled in Kenya’s courts.
The judiciary is expected to rule soon on whether Mula will be allowed to officially take over the case.
By Kenyans