Nairobi — A three-judge bench is set to rule Friday on an application to recuse themselves from hearing a petition by impeached Deputy President Rigathi Gachagua challenging his ouster.
Gachagua's legal team has called for the recusal of the Justice Eric Ogola-led bench from overseeing the proceedings, in which Gachagua is contesting the Senate process that led to his impeachment.
Justice Ogola is on the bench with Justices Anthony Mrima and Freda Mugambi, all of whom Gachagua wants out of his consolidated petitions.
As for Justice Mrima, the lawyers claim he has a close personal connection to Senate Speaker Amason Kingi who presided over the vote that sent Gachagua home.
In a case that has garnered significant attention, Gachagua's lawyer, Kibe Mungai, contends that Justice Mrima's friendship with Kingi presents a conflict of interest that undermines the integrity of the judicial process.
The argument is supported by a widely circulated screenshot of a Facebook post from October 2021, in which Kingi congratulated Justice Mrima on the renewal of his marriage vows, referring to him as a "longtime friend."
"There is a very close relationship between Justice Mrima and Senate Speaker Amason Kingi, which should have been disclosed but wasn't. The petitioners believe it would be improper for him to continue in this matter," Mungai asserted.
Gachagua's lawyers have raised concerns about potential bias among the judges, linking one to President William Ruto and another to Deputy President nominee Kithure Kindiki.
"Senate Speaker Kingi attended Justice Mrima's wedding," Mungai noted, highlighting the intertwined relationships at play.
Advocate Ndegwa Njiru elaborated, pointing out that "Justice Ogolla's wife holds a position at the Water Towers Agency. President Ruto, who made the appointment, is an interested party in this case." John Khaminwa stressed, "If anyone is uncomfortable with you, please walk out. You are not the only judges who can preside over this matter."
Despite the tensions, the three-judge bench has refused to expunge parts of an affidavit linking Justice Mrima to Kindiki, insisting that such personal ties do not inherently disqualify judges from hearing the case. The Gachagua legal team has argued that the close relationships warrant scrutiny, asserting that "material non-disclosure" could compromise the proceedings.
In the face of these allegations, lawyers representing the Attorney General, National Assembly, and Senate defended the judges' right to engage with the public. Khaminwa argued that the judges deserve protection from unwarranted claims, stating, "We are not here to destroy professions; we must protect the judges."
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The three-judge bench is set to deliver its ruling on the recusal petition on Friday. Earlier, they consolidated all petitions challenging Gachagua's impeachment, with the judges planning to hear the recusal applications at 2:30 PM.
In a previous session, Justices Ogola, Mrima, and Mugambi dismissed challenges to their appointments, asserting that they found no fault in the Deputy Chief Justice's assignment of the cases before the court.
