Former Deputy President Rigathi Gachagua has now instructed his legal team to withdraw their challenge to his impeachment, nearly a week after Kithure Kindiki was officially sworn in as the new Deputy President.
In a move that appears to signal his acceptance of the political shift, Gachagua’s lawyers, led by Senior Counsel Paul Muite, informed the Court of Appeal that they would no longer pursue the case.
They cited the recent developments—specifically Kindiki’s swearing-in—as the primary reason, explaining that the initial grounds for the legal challenge no longer held relevance.
In a statement before Justices Patrick Kiage, Aggrey Muchelule, and George Odunga, Muite noted that Gachagua’s legal team was withdrawing the petition due to its now outdated status.
The case initially sought to contest the legitimacy of his impeachment by both the Senate and Parliament, but with Kindiki officially assuming office, the attorneys acknowledged that pursuing further appeals was no longer practical.
“The impugned bench proceeded to vacate the conservatory orders, thereby allowing Prof. Kithure Kindiki’s swearing-in as Deputy President.
Our application for a stay has therefore been overtaken by events, which is regrettable,” Muite stated to the bench.
This step marks the end of Gachagua’s attempts to reverse the decision, a shift that may also indicate a broader acceptance of the new political realities within Kenya’s leadership.
Following the withdrawal, the lawyers representing the National Assembly, led by Tom Ojienda, also agreed to the request.
However, Ojienda expressed that they would be seeking compensation for legal expenses incurred during the proceedings, noting that significant time and resources had gone into responding to the appeal.
He highlighted the effort his team put into preparing their defense, stating, “We want to thank Senior Counsel Muite for withdrawing the application, but we will vigorously pursue the compensation for costs due to the extensive resources spent.”
This demand underscores the toll that high-profile cases can take on legal teams, particularly when they involve complex political and constitutional matters.
With the withdrawal officially noted, the case is now closed, leaving Gachagua’s political ambitions effectively curtailed as Kenya’s administration adjusts to its new structure under Deputy President Kindiki.
