Blow to Gachagua after judges decline to recuse themselves from impeachment case

Impeached Deputy President Rigathi Gachagua has suffered a blow after the High Court declined application to have a three-judge bench recuse themselves from hearing and determining the cases filed challenging the swearing in of Prof. Kindiki Kithure as the new office holder.

In the ruling read by Justice Eric Ogola, the judges stated that they based their judgment on four grounds; the concept of recusal in line with the Constitution, impartiality as a ground for recusal, whether the applications met the required threshold for bias, and whether the applications were merited.

According to Justice Ogola, the application did not meet the set criteria and was hence disallowed.

"Having rendered ourselves, we wish to restate, given the public interest in this matter and the need for expeditious coping with the urge to balance the interest of both parties, we give further directions on the way forward. The applications for recusal are hereby disallowed," the judge stated.

The judges provided Gachagua's lawyers with an opportunity to file and serve amended petitions within five days. The same was accorded to the respondents. 

The court will now sit on Tuesday, October 29, to deliberate on the applications.

The ruling comes after the nation was treated to some light moments during the Thursday hearings.

Advocate Kibe Mungai, representing Gachagua, said that Senate Speaker Amason Kingi attended Justice Antony Mrima's wedding and hence ought to recuse himself for not revealing the matter beforehand.

On the other hand, advocate Ndegwa Njiru alleged that Justice Ogola's wife was appointed by President William Ruto, who is an interested party in the case. 

Veteran lawyer John Khaminwa added: "If anyone is uncomfortable with you, please walk out. You are not the only judges who can preside over this matter."

In response, the lawyers representing the Attorney General, National Assembly, and Senate dismissed the claims, arguing that there is no law prohibiting judges from associating with the members of the public. 

"I am shocked that independent engagements can be grounds for recusal," argued advocate Githu Muigai.