NAIROBI – The Nairobi-based lawyer has filed a legal application seeking to block the withdrawal of a series of pre-master petitions that challenge the proceedings to abolish former vice president Rigati Gachagua.
Advocate Kelly Mallenia told the court in an urgent application made Monday that he would maintain the public interest litigation and ensure judicial scrutiny of the constitutional process that led to the removal of Gachagua from its duties.
Marenia is acting on behalf of petitioner Fredrik Mura, who was intended to be petitioner Fredrik Muraa. We are seeking an urgent order to prevent the withdrawal of the 2024 Nairobi Petition E522.
The petition, linked to the five other E506, E509, E525, E528 and E537 in 2024, is part of a group of cases classified as cohort 1 submitted prior to Gachagua blunder each.
The original petitioner filed a notice of withdrawal on May 15, 2025. This could be argued that new applicants would be a tactical move that would frustrate a full hearing of constitutional agendas.
Substitute petitioner
The application calls for the replacement of the original petitioner with Fredrik Muraa, among other orders.
“These petitions raise fundamental public interest issues regarding the legality and constitutionality of the Vice President’s ammo each process,” the motion reads in part.
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“They were submitted at the start of the blast-each process and the decision remains pending.”
Advocates treated the issue as urgent and asked the court to hear it in the first instance.
Marenia argues that petitions filed before and after Gachagua’s blasts were driven by a desire to support public accountability and constitutional integrity.
On May 9, the Court of Appeal held that Mwill acted unprovocatively by performing a duties assigned solely to the Supreme Court.
Gachagua’s lawyers welcomed the Court of Appeals ruling calling for the client to recover, despite the court’s failure to issue such an order.
The former DP team is expected to shift their focus to new applications as they fight to protect their eligibility for the 2027 presidential election.
