Former Deputy President Rigathi Gachagua has instructed his lawyers to withdraw a petition that he lodged at the Court of Appeal over the empanelment of the three bench judges to hear and determine the case challenging his impeachment.
The latest move comes as Gachagua promised to offer direction to his Mt Kenya backyard following his speedy impeachment.
This has left power struggles at the top of the government, with some wondering what Gachagua will do next, and others agitating for a political appointment from Nyeri to replace Deputy President Kithure Kindiki in the Ministry of Interior.
Gachagua’s lawyer told Justices Patrick Kiage, Aggrey Muchelule, and George Odunga that his client wished to have the application withdrawn.
The lawyer further argued that the withdrawal request was because the case had been overtaken by the order of events, following the swearing-in of Deputy President Kithure Kindiki.
“The impugned bench proceeded to vacate the conservatory orders in a ruling which allowed one Prof Kithure Kindiki to be sworn in as Deputy President. Our stay application is thus overtaken by events, very regrettably.’’
The former DP had filed an appeal at the court seeking the orders of the bench to declare Justices Eric Ogola, Anthony Mrima, and Freda Mugambi bench unconstitutional arguing that it was constituted by Deputy Chief Justice Philomena Mwilu and not Chief Justice Martha Koome as ought to be.
This comes after the three-bench judge ruled out Gachagua’s petitions challenging his impeachment by the National Assembly and the Senate.
Judges presiding over the case at the Court of Appeal agreed to have the petition withdrawn without any objection.
Gachagua’s withdrawal comes at a time when his political lifeline at the Presidency has been dealt a final blow sealed following the swearing-in of Kindiki.
