Blow to Gachagua as judges decline to quit hearing impeachment petition

Three High Court judges have refused to recuse themselves from hearing a petition filed by the impeached Deputy President Rigathi Gachagua, as demanded by his lawyers.

However, judges Freda Mugambi, Eric Ogola, and Anthony Mrima said on Friday that Gachagua has the right to appeal their decision.

"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. Likewise, the respondents are granted leave to file amended responses if need be within five days of service," said the three-judge bench.

On Thursday, Gachagua's legal team filed an application protesting the appointment of the judges to hear and determine their client’s petition.

The lawyers questioned the judges' ability to provide a fair and impartial ruling.

Through lawyers Kibe Mungai, Tom Macharia, and Ndegwa Njiru, among others, Gachagua and other petitioners challenging the impeachment process argued that the judges failed to disclose their close relationship with some parties involved in the case, creating the impression that the bench was not impartial.

Judge criticised

The lawyers specifically criticised Justice Ogolla for allegedly having close ties with the presidency due to the appointment of his wife to a state job.

They further claimed that Justice Mrima was a close ally of Senate Speaker Amason Kingi, rendering him unfit to hear 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.

According to lawyer Ndegwa Njiru, Justice Ogolla's wife held a position at the Kenya Water Towers Agency, an appointment made by Defence Cabinet Secretary Soipan Tuya during her tenure as Environment CS. The lawyer argued that the position was closely tied to the presidency.

“One issue before the impeachment was that the DP indicated that Kenya is a shareholding country. It is my client’s submission that Justice Eric Ogolla’s wife may have been a beneficiary of that shareholding,” he claimed.

This latest court decision comes barely a day after the same judges dismissed Gachagua's plea to have the bench disqualify itself from hearing his petition, claiming that their appointment by Deputy Chief Justice Philomena Mwilu contravened the law.