Former Deputy President Rigathi Gachagua will remain the main petitioner in the ongoing impeachment-related cases after the High Court rejected two separate applications that sought to alter or delay proceedings.

A three-judge bench comprising Justices Eric Ogola, Anthony Mrima, and Freda Mugambi dismissed a fresh attempt by Gachagua to recuse himself from the petitions, as well as an application by Fredrick Mula who had sought to replace him in four of the more than 30 cases.

The judges ruled that Mula’s request was both untimely and unnecessary, especially since Gachagua had already notified the court that he was not withdrawing the petitions.

“The application dated June 16, seeking to revoke the notice of withdrawal, is hereby allowed. The application seeking substitution of the petitioner is declined. Parties to bear their own costs,” the bench stated.

This decision affirms Gachagua's standing as the original petitioner despite the legal confusion caused by a withdrawal notice and the subsequent effort to reinstate the suits.

In a separate ruling, the same bench rejected a bid by a group of lawyers who had questioned its legitimacy and demanded that the case be sent back to Chief Justice Martha Koome for the formation of a new panel.

But the judges said that the empanelment of benches is solely an administrative role of the Chief Justice as outlined in Article 165 of the Constitution, and cannot be challenged before the same bench once constituted.

They warned that such a move, without compelling legal justification, would interfere with judicial independence, erode public confidence in the courts, and open the floodgates for similar claims in future disputes.

“The allegations of bias, conflict of interest or abuse of power have not been substantiated in this case,” the court ruled.

The bench further found the recusal application to be legally unfounded, in violation of the principle of res judicata, and damaging to the integrity of judicial proceedings.

With the latest rulings, the path is now clear for the consolidated impeachment petitions to move to the hearing stage.