Blow to GACHAGUA as his ‘enemy’ judges refuse to recuse themselves and vow to deal with impeachment case

Saturday, October 26, 2024 – Impeached Deputy President Rigathi Gachagua has received yet another blow in his fight to retain his job.

This is after three ‘biased’ High Court judges declined to recuse themselves from his impeachment case.

While delivering the ruling, the three-judge bench consisting of Justices Eric Ogola, Anthony Mrima, and Freda Mugambi 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. 

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

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

Gachagua's lawyers questioned whether Justice Ogolla could be impartial since his wife was appointed 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.

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

The Kenyan DAILY POST