NAIROBI – Vice President Rigati Gachagua has formally filed a notice to withdraw four petitions before the High Court in an ongoing constitutional challenge to the ammo each.
Gachagua also requested that these cases be exempted from being handled by the current 3 judge bench, edited by Prime Minister Martha Coomb.
The notice was filed prior to court session on Friday. There, it was expected that Ek Ogola, AC Mrima and Dr. Freda Mugambi would give further direction regarding the integrated ammo each petition.
The four petitions identified as part of Cohort 1 are several challenges that challenge the constitutionality of the eruption-each process against gachagua, launched in the Parliament and later concluded by the Senate.
The October 2024 Gachagua dramatic exile voted for both the Parliament and the Senate to resign from more than 11 charges, including abuse of duties, instigation and violation of constitutional obligations.
The Senate supported five charges and sealed his fate as the first vice president in Kenya’s history.
Read the notification: “We have solid instructions from our client to withdraw participation in the process.”
“In addition, we do not wish to be banned in a cohort of petitions processed by benches empaneled by the Chief Justice.”
The petition was submitted to stop Congress from blasting each gachagua, but has now been withdrawn as it has been overtaken by the event since the expulsion occurred.
Gachagua intends to continue the petition urge the High Court to invalidate his blast each, not the constitution and therefore it.
The bench had previously ruled that all permeable each related petitions would be grouped into two cohorts. Two cohorts are: Senate decisions (Cohort 1) and later submitted cohorts (Cohort 2).
Judge Ogora provided an order on bench’s bench on October 24, 2024, saying the move was intended to ensure “orderly implementing the litigation.”
On May 9, the Court of Appeal ruled that DCJ Mwilu had stepped over her constitutional authority by unilaterally forming three judge benches to hear a petition to challenge Gachagua’s blast each.
The Court of Appeals emphasized that the authority to enpanel such benches is granted only to the Supreme Court.
As a result, the court directed Chief Martha Coomb to appoint a new bench within 14 days to hear pending petitions related to Gachagua’s fissures each.
