Application seeking the recusal of a three judge bench in DP Gachagua's case to be heard today
The three-judge bench hearing the case challenging the impeachment of Rigathi Gachagua as Deputy President is expected to rule on Friday whether to grant or dismiss Gachagua’s application requesting the judges to disqualify themselves from the case.
Gachagua’s lawyers argue that the judges are biased and have conflicts of interest. They linked one judge to President William Ruto and claimed another judge is a friend of Senate Speaker Amason Kingi and Deputy President nominee Kithure Kindiki.
The petition by the impeached Deputy President seeks to have Justices Eric Ogola, Anthony Mrima, and Freda Mugambi recuse themselves from presiding over proceedings at the High Court on his impeachment.
"Senate Speaker Kingi attended the wedding of Justice Mrima," Adv. Kibe Mungai said.
"Justice Ogolla’s wife holds a position at the Water Towers Agency. President Ruto, who made the appointment, is an interested party in this case," Adv. Ndegwa Njiru added.
John Khaminwa added: "If anyone is uncomfortable with you, please walk out. You are not the only judges who can preside over this matter."
The three-judge bench refused to grant Gachagua’s lawyers' request seeking to expunge sections of an affidavit linking Justice Freda Mrima to Deputy President nominee Professor Kithure Kindiki and Anthony Mrima to the DP nominee.
"We are expunging paragraph 10: Kindiki is close to Justice Mrima. Paragraph 16: Justice Freda was Kindiki’s student," stated Lawyer Njiru.
Former AG Githu Muigai on his part said: "Ndegwa should have apologized to this honourable court for misleading judges regarding a sworn affidavit."
In a quick rejoinder, lawyers representing the Attorney General, National Assembly, and Senate dismissed the claims, arguing that there is no law prohibiting judges from free association with members of the public and that the petitioner has not directly expressed that there is a conflict of interest in the judges' dealings with the aforementioned.
"I am shocked that independent engagements can be grounds for recusal," argued Githu Muigai.
Lawyer Eric Gumbo added: "The petitioners haven’t substantiated their claims."
The three-judge bench will deliver its ruling on the recusal petition on Friday.
