Four cases filed before former Deputy President Rigathi Gachagua was impeached are now in doubt after a fresh application was filed to sustain them.

Gachagua wrote to the court seeking to withdraw them. However, in a fresh twist, Fredrick Mulaa applied to High Court Judge Eric Ogola to be allowed to pursue them, due to public interest.

His lawyer, Kelly Malenya, said he was ready to assume Gachagua’s shoes and argue the case to a conclusive end.

“The intended petitioner seeks to take over the said petitions and prosecute the said petitions to conclusion noting that they raise public interest issues more particularly on the impeachment process of a Deputy President and in this case the impeachment of the 2nd Deputy President,” argued Malenya.

Through a notice filed at the High Court and addressed to the Deputy Registrar, Gachagua seeks to discontinue the petitions filed before his official removal from office by Parliament. His lawyers, senior lawyer Paul Muite and Victor Swanya, said the withdrawal applies to Nairobi Petition No. E522 of 2024 and Nairobi Petition No. E509 of 2024, both of which formed part of a larger group of consolidated pre-impeachment challenges.

In a similar move, two other petitions filed by Gachagua’s eleven allies were also withdrawn, bringing the total number of discontinued cases to four.

These included Nairobi Petition No. E525 of 2024 and Nairobi Petition No. E537 of 2024.The notice read in part:

“Take notice that the petitioners herein, by way of consent, wholly withdraw and discontinue their respective suits against the 1st to 8th respondents, with no orders as to costs…” However, the petitioners informed the court that they will proceed with seven other cases filed after the impeachment.

“The seven post-impeachment petitions filed in the Nairobi High Court and the Kerugoya High Court have not been withdrawn,” the notice states.