Three High Court judges on Friday declined to recuse themselves from former Deputy President Rigathi Gachagua's impeachment case.

The three-judge bench consisting of Justices Eric Ogola, Anthony Mrima and Freda Mugambi while delivering the ruling, granted Gachagua's legal team an opportunity to file amended applications of their initial petition within five days.

"The applications for recusal are hereby disallowed. The petitioners are hereby granted leave to file and serve amended petitions, if need be, within five days of this order," noted the three-judge bench.

On Thursday, Gachagua's legal team filed an application protesting the appointment of the judges to hear and determine Gachagua's petition, the lawyers questioned the two judges' ability to provide a fair and impartial ruling.

The former deputy president's legal team, in particular, accused Justice Eric Ogolla and his counterpart Anthony Mrima of a conflict of interest in the contagious case. 

Gachagua's lawyers faulted Justice Ogolla for allegedly having close ties with the presidency following the appointment of his wife to a state job. The lawyers went ahead to claim that Justice Mrima was a close ally of Senate Speaker Amason Kingi thus not fit to listen to the case.

"The honourable Judge Mrima and the fourth respondent, Speaker of the Senate Amason Kingi are very close friends. The respondent attended the wedding ceremony of the judge and he took a photograph with him," noted Lawyer Kibe Mungai.