On Wednesday, November 6, former Deputy President Rigathi Gachagua directed his legal team to withdraw his appeal at the Court of Appeal regarding the empanelment of a three-judge bench to review his impeachment case.

This decision follows Gachagua’s recent pledge to provide political direction to his Mt Kenya supporters after his swift removal from office last month. His exit has intensified power struggles within the government, with speculation surrounding potential political appointments from Nyeri to succeed Deputy President Kithure Kindiki in the Ministry of Interior.

Senior Counsel Paul Muite, representing Gachagua, informed Justices Patrick Kiage, Aggrey Muchelule, and George Odunga that his client wished to retract the petition. Muite explained the withdrawal, stating that recent events, including Kindiki’s swearing-in as Deputy President, had rendered the case irrelevant.

“The bench in question vacated the conservatory orders, enabling Prof. Kithure Kindiki’s swearing-in. Our stay application is, therefore, regrettably overtaken by events,” Muite stated.

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Gachagua initially appealed to declare the three-judge panel—Justices Eric Ogola, Anthony Mrima, and Freda Mugambi—unconstitutional, arguing that it was improperly constituted by Deputy Chief Justice Philomena Mwilu instead of Chief Justice Martha Koome. This appeal followed the bench’s decision to dismiss Gachagua’s petitions challenging his impeachment by the National Assembly and Senate.

The Court of Appeal judges approved the withdrawal without objection. Presiding Judge Kiage directed all parties to file submissions before the upcoming holiday break.

With Kindiki’s appointment, Gachagua’s withdrawal signals a significant blow to his political aspirations within the presidency. The National Assembly’s counsel, led by Tom Ojienda, accepted the withdrawal but sought compensation for the case’s legal costs.

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“We appreciate Senior Counsel Muite’s decision to withdraw. However, given our resources expended in preparing for this appeal, we will vigorously pursue reimbursement,” Ojienda stated.