The High Court of Kenya has ruled on a request by lawyers representing former Deputy President Rigathi Gachagua, seeking 21 days to amend his petition challenging the impeachment process.
A three-judge bench comprising of High Court judge Eric Ogola, and Justices Antony Mrima and Freda Mugambi on Thursday, January 23, declined the request and set the matter for mention on February 17, 2025.
In their ruling, the judges said Gachagua’s request was a camouflaged application for a stay.
They noted that there were no orders from the Court of Appeal to stay the High Court proceedings, which had already been dismissed in October last year.
“This court having declined this application and there being no stay orders from the Court of Appeal, we are including to deny extension of time,” said Justice Ogola.
“We restate our position that at any time we would be served with a stay order, we will down our tools.”
Court Declines Gachagua’s Lawyers Bid to Amend Impeachment Petition
The court, however, granted the petitioners 14 days to amend their petitions and serve them on the respondents.
Meanwhile, the respondents were also given 14 days to file replying affidavits before the case is mentioned again on February 27 to set a hearing date.
Gachagua, through his legal team, had urged the bench led by Justice Eric Ogola to grant them 21 days to amend the petition and await the Court of Appeal’s decision.
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His lawyers wanted High Court to halt his impeachment case to allow Court of Appeal determine if three-judge bench was properly empaneled.
“We are asking this court to stay these proceedings so as to give the court of appeal reasonable time to hear and determine the appeal,” said lawyer Dudley Ochiel.
Lawyer Ndegwa Njiru said the matter before the Court of Appeal could dissolve the bench, and it was important to await its determination before the case proceeds.
“The appeal will have far-reaching implications, especially if it goes in our favor. That is why we are asking the court to hold its horses,” said Njiru.
Gachagua Fights Back as Court Resumes Hearing on Impeachment Petitions
The hearing of several petitions resumed today after being adjourned in December last year to allow Gachagua to pursue an appeal challenging the powers of Deputy Chief Justice Philomena Mwilu to appoint a three-judge bench to hear the petitions.
“As such the same is hereby allowed to amend their petition and serve within 30 days,” the court directed, after one of the petitions in the matter was withdrawn.
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The ousted DP had argued that the three-judge bench, which lifted conservatory orders allowing his replacement, was unconstitutional and illegal, stating that it should have been constituted by Chief Justice Martha Koome.
More than 40 cases were filed challenging Gachagua’s ouster, and they were consolidated.
Gachagua contested the impeachment, arguing that the allegations against him were based on falsehoods and outright lies.
The former DP stated that the motion to impeach him was based on deceit, misrepresentations, and the suppression of material facts, which had been spread to the public to achieve an improper and unconstitutional purpose.
He further argued that the one-day public participation process initiated by Parliament was insufficient “to overturn the sovereign will of the people” who voted for him and President William Ruto in the last general election.
Gachagua described the process as a “choreographed political lynching designed to defeat the sovereign will of the Kenyan people” and prematurely end his long and productive career as a public servant.
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