- On Wednesday, November 6, former deputy president Rigathi Gachagua dismissed the appeal at the Court of Appeal
- Senior Counsel Paul Muite informed the judges that his client's plea was overtaken by events
- Earlier, Gachagua had asked the appeal court to stop the case in the High Court regarding the orders of the conservatives regarding the swearing in of Kithure Kindiki
Nairobi—Former vice president Rigathi Gachagua has withdrawn the appeal he filed in the Court of Appeal regarding the swearing in of Kithure Kindiki.
Source: UGC
Gachagua had previously moved to the Court of Appeal to request an injunction to prevent the High Court from removing the orders of the conservatives that stopped his replacement and the swearing in of Kindiki as the new DP.
However, on Wednesday, November 6, lawyer Paul Muite informed the court that his client wanted his petition dismissed.
Why did Gachagua withdraw the case against Kindiki's swearing-in
Muite told the bench of judges Patrick Kiage, Aggrey Muchelule and George Odunga that the issue was overtaken by events considering that Kindiki had already been sworn in.
“The complained bench continued to leave the conservatives in the decision that allowed Prof Kithur Kindiki to be sworn in as Deputy President. So our request to stay has been overtaken by events, with great regret,” Muite said as reported by the Nation.
Muite, however, said the basic issue of whether Deputy Chief Justice Philomena Mwilu can involve the High Court panel should continue to the end.
“It is a matter of great importance to the public and urgent and deserves an immediate resolution. The main appeal is on the single issue of whether the power given to the CJ is judicial or administrative,” he said.
The judges marked the petition as withdrawn as there was no objection to the withdrawal.
What advice does Mike Sonko give to Gachagua?
At the same time, the former governor of Nairobi Mike Sonko urged the former vice president following his removal.
Speaking at a similar funeral in Redhill Limuru on Tuesday, November 5, Sonko urged Gachagua to seek justice, assuring him that his political future is still intact.
Sonko, who faced political hurdles after being removed from office, drew parallels between his case and the current situation in Gachagua.
He stressed that Gachagua still has legal avenues to explore, including an appeal that could prolong the case for years, allowing him to remain in politics in the upcoming 2027 election.
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