Impeached DP and his lawyer during his appearance at the senate
The High Court has rejected impeached Deputy President Rigathi Gachagua’s application for a three-judge bench to recuse themselves from his case. This case challenges the swearing-in of Prof. Kindiki Kithure.
Justice Eric Ogola delivered the ruling. He stated that the judges based their decision on four grounds. These included the concept of recusal, impartiality, and whether the applications met the required threshold for bias.
“The application did not meet the set criteria and is hence disallowed,” Justice Ogola said. He emphasized the public interest and the need for expeditious proceedings.
“Having rendered ourselves, we wish to restate… the applications for recusal are hereby disallowed,” the judge added. The judges allowed Gachagua’s lawyers five days to file amended petitions. The same timeline was given to the respondents.
The court is scheduled to meet on Tuesday, October 29, to discuss the applications.
The ruling followed some light moments during Thursday’s hearings. Advocate Kibe Mungai, representing Gachagua, argued that Senate Speaker Amason Kingi should recuse himself. He claimed Kingi attended Justice Antony Mrima’s wedding and failed to disclose this prior.
In contrast, advocate Ndegwa Njiru alleged bias, stating that Justice Ogola’s wife was appointed by President William Ruto, who is involved in the case.
Veteran lawyer John Khaminwa remarked, “If anyone is uncomfortable with you, please walk out. You are not the only judges who can preside over this matter.”
Lawyers for the Attorney General, National Assembly, and Senate dismissed the recusal claims. “There is no law prohibiting judges from associating with members of the public,” they argued.
“I am shocked that independent engagements can be grounds for recusal,” said advocate Githu Muigai.
