3-Judge Bench Refuses To Step Down From Gachagua Impeachment Case
On Friday, three High Court judges declined to recuse themselves from the impeachment of former Deputy President Rigathi Gachagua.
While delivering the ruling, the three-judge bench of Justices Eric Ogola, Anthony Mrima, and Freda Mugambi granted Gachagua’s legal team five days to file amended applications to their initial petition.
“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.
“Likewise, the respondents are granted leave to file amended responses if need be within five days of service.”
While reading the decision, Justice Ogolla also declined to overturn the conservatory orders that prevented the swearing-in of nominated Deputy President Kithure Kindiki.
Three-judge bench refuse to recuse themselves in Gachagua impeachment case #GachaguaImpeachment pic.twitter.com/zXpwgjWrLv
— Citizen TV Kenya (@citizentvkenya) October 25, 2024
The judge instead stated that the court would decide whether to lift the orders on Tuesday, October 29.
“Given the pending application of the conservatory orders and those seeking to set aside the conservatory orders, we hereby direct as follows; the applications shall be deemed as responses for the conservatory orders,” noted Justice Ogolla.
“The set applications are thereby fixed for hearing on October 29 this month.”
On Thursday, Gachagua’s legal team filed an application protesting the appointment of the judges who will hear and decide Gachagua’s petition.
The lawyers questioned the two judges’ ability to issue a fair and impartial decision.
The former deputy president’s legal team, in particular, charged Justice Eric Ogolla and his counterpart Anthony Mrima with a conflict of interest in the case.
Gachagua’s lawyers questioned Justice Ogolla’s impartiality, citing his wife’s appointment to a state job.
The lawyers went on to claim that Justice Mrima was a close ally of Senate Speaker Amason Kingi, and thus unfit to hear the case.
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“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 worked at the Kenya Water Towers Agency, a position she was appointed to by Defence Cabinet Secretary Soipan Tuya while she was Environment Cabinet Secretary.
“One of the issues that was 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,” claimed Ndegwa Njiru.
Meanwhile, the latest court decision comes just a day after the same judges denied Gachagua’s request that the bench disqualify itself from hearing his petition, claiming that their appointment by Deputy Chief Justice Philomena Mwilu violated the law.
3-Judge Bench Refuses To Step Down From Gachagua Impeachment Case
