President William Ruto’s lawyer Kamotho Njenga has withdrawn from the ongoing impeachment case against former Deputy President Rigathi Gachagua at the High Court.
Speaking before a three-judge bench on Thursday, October 24, 2024, Njenga informed Justices Eric Ogola, Fridah Mugambi, and Anthony Mrima that he had filed a notice to cease representing the president.
He cited the 2022 Supreme Court ruling, which stated that a sitting president could not be subject to civil litigation.
“My Lord with your kind permission I wish to bring to the attention of the court that we shall no longer be acting for the sixth respondent in this matter and to that effect we have filed a notice to cease acting on account of the Supreme Court decision that determined that the president cannot be subject to civil proceedings so in that regard, we will not be able to act contrary to an express court order and we have therefore filed a notice to cease acting and we ask the court to deem that to be a sufficient notice that the person named as the sixth respondent is now unrepresented in these proceedings,” Njenga told the court.
The bench, however, declined to act on the matter immediately, stating that their focus for the day was on the two files presented before them.
“Thank you Dr Kamotho, however, we are not inclined to do anything this afternoon except the business of the two files before the court. After that we can take directions as may be necessary,” Justice Ogola rebutted.
Njenga, having completed his submission, accepted the court’s position with a respectful nod.
“Most obliged,” Njenga replied, wrapping up his address to the court.
The withdrawal adds another layer of complexity to the high-profile impeachment case, which involves multiple state officials and institutions, including the Senate and National Assembly.
President Ruto had been listed as the sixth respondent in Gachagua’s petition challenging his removal from office.
Gachagua, ousted from the position of Deputy President, filed the petition to contest the process of his impeachment.
He has accused both houses of Parliament and their respective speakers of procedural violations during his removal, seeking to have the decision overturned and to prevent Ruto and Parliament from appointing his successor.
Kithure Kindiki has already been nominated as Gachagua’s replacement and was subsequently approved by the National Assembly, although Gachagua continues to fight the decision in court.
In a separate ruling delivered just a day earlier, the same three-judge bench dismissed an application from Gachagua’s legal team, which had sought to disqualify the judges from the case.
The petitioners had raised concerns about the appointment of the bench by Deputy Chief Justice Philomena Mwilu.
The court, however, ruled that Mwilu’s decision to empanel the bench was constitutionally sound.
Paul Muite, Gachagua’s lead counsel, communicated his intention to appeal the ruling, stating that the matter would be taken to the Court of Appeal for further review.
The impeachment case, already involving numerous legal questions, is expected to grow in complexity as procedural challenges continue to mount.
