Gachagua Pulls Out Of Appeal Case Against His Impeachment
Gachagua had moved to the Court of Appeal seeking orders to set aside the decision of the three-judge bench made up of Justices Eric Ogola, Anthony Mrima and Frida Mugambi
Viral Tea Ke Writer 
Former Deputy President Rigathi Gachagua on Wednesday, November 6 directed his lawyers to withdraw a petition that he filed at the Court of Appeal over the empanelment of the three bench judges to hear and determine the case challenging his impeachment.
Court of Appeal judges Patrick Kiage, Aggrey Muchelule and George Odunga had stated in their ruling that the former DP through his lawyer Senior Counsel Paul Muite withdrew a stay application in favor of an expedited hearing of the substantive appeal COACA E829 of 2024.
Gachagua’s legal team explained that the purpose of the stay application was regarding the swearing-in of Prof Kithure Kindiki as DP pending hearing of the substantive appeal and has been overtaken by events, hence the withdrawal.
“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,” Muite told the judges.
Senior Counsel Prof. Tom Ojienda in his submission thanked the complainants for withdrawing the application. “We want to thank Senior Counsel Paul Muite for considering it fit to withdraw the application the consequence of whereof would be our entitled cost which we want to pass vigorously."
"We would want to pass to cost because that is deserved, we have had sleepless nights preparing just for this application,” said Ojienda.
Gachagua had moved to the Court of Appeal seeking orders to set aside the decision of the three-judge bench made up of Justices Eric Ogola, Anthony Mrima and Frida Mugambi by declaring it unconstitutional, saying its composition was done by Deputy Chief Justice Philomena Mwilu and not Chief Justice Martha Koome as required.
Following the application, the Court of Appeal judges directed that the case be heard virtually on Wednesday, November 6. The case had initially been set for hearing on Thursday last week but was adjourned to November 6 after the court was informed that Gachagua’s lawyers had not enlisted all the respondents and served them with documents.
At the time, the judges directed that the appeal be amended to capture all the respondents as listed in the case before the High Court and that they all be served. The respondents were further directed to file their responses by Monday ahead of today’s hearing.
Gachagua's withdrawal came at a time when his political career was dealt a big and final blow following the swearing-in of Kindiki. Last week, he promised to offer direction to his Mt Kenya backyard following his speedy impeachment last month.
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.
![Chaos Rocks Raila Event After Jubilee MCAs Confront Him [VIDEO]](https://viraltea.co.ke/uploads/images/2023/10/image_380x226_65295949027d8.jpg){kind=small}
