Fresh twist as Gachagua’s lawyer tells court of strange petition in ex-DP’s impeachment case
A three-judge bench comprising Justices Eric Ogola, Anthony Mrima, and Lady Justice Freda Mugambi will rule on a new application filed by Fredrick Mula over the impeachment case of the former Deputy President Rigathi Gachagua.
Mula filed a petition seeking to be substituted as the petitioner in a petition filed on June 18, 2025, that Gachagua sought to withdraw Petition 522 but has not yet been accepted by the court.
Senior Counsel Paul Muite, representing Gachagua, on Thursday, June 19, 2025, told the court that there was a new application by a stranger (Fredrick Mula) who was trying to hijack one of the cases 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 the petition No. 522 of 2024, which we sought to withdraw to allow amendment,” Muite told the court.
According to Muite, Mula claims that he wants to take over their case, citing that it should not be withdrawn since it is a matter of public interest.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 and cannot happen and should not be allowed unless the former Deputy President agrees to his request.
Further, Muite urged the bench to issue directions on the prosecution of their application to withdraw the said petition.
Notably, he told the court that their amended petition is ready, but Mula’s abrupt petition may affect theirs because the proceedings cannot proceed until the court rules on the withdrawal application.
Meanwhile, Kerugoya Woman Representative Njeri Maina and MCA David Mathenge, through their lawyers, sought directions on their applications filed in 2024 challenging the impeachment of former Deputy President Rigathi Gachagua.
Lawyers Andrew Muge and George Sakimpa asked the court to clarify if the two previous court orders stopping the implementation of Gachagua’s Senate impeachment, issued by Justices Chacha Mwita and Richard Mwongo, are still in effect.
“We seek to know whether our applications and the orders issued by Justices Mwita and Mwongo in October last year have been addressed in light of the Court of Appeal’s decision,” lawyer Muge told the court.
During the proceedings, the petition filed by 41 people seeking the reappointment of a fresh bench to hear and determine Gachagua’s case came up.
In their detailed petitions, the petitioners, led by Gachagua, Eddie Waiguru, and Thomas Kamotho, sought to have Justices Eric Ogola, Anthony Mrima, and Lady Justice Freda Mugambi, who were recently appointed by Chief Justice Martha Koome to hear over 30 cases challenging the removal of Gachagua, disqualify themselves.
The petitioners want the three judges out of Gachagua’s impeachment cases, saying they are likely not to deliver a fair judgment, citing that they are effectively being set up for a judicial circus in which the outcome is effectively predetermined.
Lawyer Paul Nyamodi, representing the National Assembly, criticized the fresh application by the 41 petitioners, stating that it is aimed at delaying proceedings.
“The Chief Justice is not a judge of the High Court. The petitioners are not interested in prosecuting this case; they’re simply using delay tactics,” lawyer Nyamodi told the court.
The bench is expected to rule on the raised matters on July 31, 2025.
