Activist loses bid to take over 4 petitions challenging Gachagua’s ouster
By Zipporah Ngwatu, August 1, 2025Activist Fredrick Mula has lost a bid to inherit four petitions challenging the impeachment of former Deputy President Rigathi Gachagua, which he was seeking to drop from his 30 cases.
This is after the High Court declined his request to be substituted as the petitioner in the four pre-impeachment cases that Gachagua and his allies had sought to withdraw, saying they are overtaken by events.
In a ruling delivered on Thursday, July 31, 2025, by a bench consisting of Presiding Judge Eric Ogola, Lady Justice Fred Mugambi, and Justice Antony Mrima, the court stated that Mula’s petition was no longer necessary since Gachagua had revoked the withdrawal notice of the consolidated petition.
“Given that the first petitioner (Gachagua) has successfully revoked his withdrawal notice and remains ready to prosecute his petition, substitution is unnecessary and premature,” the three-judge bench ruled.
“The application dated May 19, 2025, seeking substitution of the petitioner is declined,” the bench ruled.
However, the judges upheld the revocation request by Gachagua to proceed with the four cases he had earlier wanted to drop.
This came after Gachagua’s legal team made an application to revoke their earlier request to withdraw the consolidated petition, stating that they would not allow a stranger (Mula) to inherit his cases.
“The application dated June 16, 2025, seeking to revoke the notice of withdrawal is hereby allowed,” the three-judge bench ruled.
On June 18, 2025, Mula filed a petition seeking to be substituted as the petitioner in the four consolidated petitions, which had not yet been accepted by the court.
On June 19, 2025, Senior Counsel Paul Muite informed the court that there was a new application by a person he referred to as a stranger (Mula).
According to Muite, Mula was trying to hijack the consolidated petition filed before the impeachment process began.
“We were served with an application by a person we do not know, seeking to be substituted as petitioner on Petition No. 522 of 2024, which we sought to withdraw to allow amendment,” Senior Counsel Muite told the court.
According to Muite, Mula stated that he wanted to take over their case, citing that it should not be withdrawn since it is a matter of public interest.
However, the Senior Counsel said that Mula’s move is hostile, cannot happen, and should not be allowed unless Gachagua agrees to his request.