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Gachagua Impeachment Petition

Court Adjourns Gachagua Petition After Respondents Decline to Proceed

In a rare disclosure, the judge revealed that skipping Friday’s hearing would have costly implications for the bench, stating that the court had been compelled to hire the ceremonial courtroom at the Milimani Law Courts.

NAIROBI, Kenya, May 7 — The High Court hearing a petition challenging Deputy President Rigathi Gachagua’s impeachment was forced to adjourn proceedings until Wednesday after the respondent parties indicated they were unwilling to proceed on Friday.

Justice Eric Ogolla issued the directive, observing that any further delays could push the hearings to September or October 2026, noting that the judges already have packed court diaries competing for their attention.

In a rare disclosure, the judge revealed that skipping Friday’s hearing would have costly implications for the bench, stating that the court had been compelled to hire the ceremonial courtroom at the Milimani Law Courts.

The same ceremonial hall was used by the Supreme Court during the hearing of the 2022 presidential petition because of the large number of litigants it could accommodate compared to ordinary courtrooms, which often become congested during high-profile hearings.

It is the first time a member of the bench has indicated that judges are being charged to use facilities within their own station.

Former Attorney General Githu Muigai, in his submissions, argued that the High Court lacked jurisdiction to hear the matters raised by Gachagua and the seven petitioners.

Eric Gumbo and Paul Nyamodi, representing the National Assembly, said they were not ready to proceed until Wednesday, when the court is expected to resume and, among other matters, consider an application seeking to admit a supplementary affidavit by former Deputy President Gachagua’s doctor, Dr. Dan Gikonyo.

Muthomi Thiankolu and Adrian Kimotho, representing President William Ruto, Deputy President Kithure Kindiki and the United Democratic Alliance (UDA), also opted to wait until Wednesday.

The Independent Electoral and Boundaries Commission did not get an opportunity to address the court after Justice Ogolla adjourned the hearing until Wednesday.

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