High Court bench dismisses bid to disqualify judges from DP Kindiki appointment case
Justices Eric Ogolla, Antony Mrima and Fredah Mugambi ruled that activist Enock Aura had not provided sufficient evidence to demonstrate any form of bias that would justify their recusal.
A three-judge bench of the High Court has dismissed an application seeking to have them step aside from hearing a petition challenging the legality of Deputy President Kithure Kindiki's appointment, marking the latest development in a case rooted in the impeachment of former Deputy President Rigathi Gachagua.
Justices Eric Ogolla, Antony Mrima and Fredah Mugambi ruled that activist Enock Aura had not provided sufficient evidence to demonstrate any form of bias that would justify their recusal.
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The court noted that Aura's allegations were based on speculation and failed to meet the legal threshold required to disqualify a judge from handling a matter.
"The applicant has not proved, to the required standard, that this bench harbours any bias or perceived prejudice that would impede the fair adjudication of this case," the judges held, adding that recusal cannot be granted on the basis of unfounded apprehension.
With the dismissal of the application, the judges directed that the petition challenging the constitutionality of Professor Kindiki's appointment proceed to a full hearing.
Aura is seeking a declaration that Kindiki's assumption of office following Gachagua's impeachment was unlawful.
The court will now set fresh timelines for the parties to file their submissions ahead of the substantive hearing.
Aura has, however, taken the first step toward appealing the High Court decision.
He has officially issued a notice of appeal, signalling his intention to challenge the ruling by Justices Eric Ogolla, Anthony Mrima and Freda Mugambi, who dismissed his application for their recusal in the politically sensitive case tied to the impeachment of former Deputy President Rigathi Gachagua.
Aura had accused the judges of bias, insisting their continued participation "would compromise the integrity of the proceedings."
However, the bench ruled that his claims were unsubstantiated and failed to meet the legal standard required for judicial disqualification.
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