Gachagua impeachment case turns personal as wedding gift, judge's wife dragged in court

During a court session on Thursday, Gachagua, represented by Advocates Kibe Mungai and Ndegwa Njiru, raised concerns about the judges’ impartiality, particularly focusing on Justice Eric Ogola’s spouse and the ties of Justice Anthony Mrima to Senate Speaker Amason Kingi, a respondent in the case.

Njiru specifically pointed out that Justice Ogola's wife holds a position in the Kenya Water Towers Agency, an appointment made by the presidency, arguing that this connection should have been disclosed at the start of the proceedings.

"The application has also indicated that Justice E. Ogola's spouse serves in the Kenya Water Towers Agency, an appointment that was done pursuant to a gazette notice for and on behalf of the presidency by Cabinet Secretary Soipan Tuya. The averment is that this was a matter that should have been disclosed at the inception of the proceedings," Njiru stated.

Advocate Mungai highlighted the close relationship between Justice Murima and Senate Speaker Amason Kingi who is one of the respondents in 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," said Mungai.

The Advocate highlighted how Speaker Kingi captioned images from the wedding, where he described the judge as his "long-time friend."

He read out the caption: "Hearty congratulations to my long-time friend, Justice Anthony Mrima on the occasion of the renewal of your marriage vows with your beloved wife..."

Njiru went on to criticize the judges for their conduct during Wednesday's ruling, where the three-judge bench slammed Gachagua’s lawyers for what they termed as attempts to intimidate the court, and a biased self-serving view of the court's decisions.

“Yesterday, when the court was delivering its ruling, it indicated actual bias on the part of the party before you, your lordship. The petitioners were condemned wholesale, in disparaging language coming from the bench, a language that indicated prejudice or bias on the part of the petitioners,” he asserted.

"It is so prejudiced that such perception on the part of the petitioners culminated in the court not even taking note of most crucial issues that he had submitted on for example despite the appeal that is now being lodged, the court failed to take into notice the question of delegated authority."

Njiru likewise claimed the judges failed to consider crucial issues raised by the defense, including the question of delegated authority, and emphasized that their remarks indicated a defensive stance rather than impartial adjudication.

"When the court indicates that it takes great exceptions with the remark of the petitioners, it is a prima facie indication that the court has descended into the arena of dispute and that the court therefore takes a defensive approach in the manner in which the prosecution of the case is being conducted," he said.

"A judge must at all particular times be a solemn person, slow to anger and of good temperament. The statement indicates that  the court has taken a position as against the petitioners and the position is prejudicial to the petitioners and erodes their confidence to continue appearing and making submissions before this court."

Njiru further referenced a tweet from senior counsel Ahmednassir Abdullahi, which hinted at the judges’ impending decision to discharge a conservatory order in the trial, further fueling perceptions of a conspiracy against Gachagua

"I have annexed a tweet by senior counsel Ahmednassir. He is a senior member of this bar and council. In the tweet, Ahmednassir says that 'the conservatory order will be discharged by the three-judge bench latest by next week if not by Friday'. The perception out there is that this bench is part of the conspiracy."  

Gachagua's other legal representative, John Khaminwa added: " I have never complained about a judge but If at this time we have some people who feel very strongly that they may not get justice before you, please walk out. Don’t continue to hear the case."