The 3-judge bench handling Rigathi Gachagua’s case have refused to recuse themselves from Gachagua’s impeachment case.
The three judges included Justice Mugambi, Ogola and Mrima.
The judges refused Gachagua’s application to withdraw from the case.
Photo: Courtesy
Gachagua wanted them to withdraw from the case as he felt there could be some form of biasness.
What led to the matter at hand was because Senate speaker Amason Kingi attended Justice Antony’s Mrima’s wedding on the other hand, it was alleged that Justice Ogola’s wife was appointed by President William Ruto.
The lawyers representing the judges and the Senate dismissed the claims.
They argued that there was no law prohibiting judges from associating with the members of the public.
In regard to this, Justice Ogola read the ruling.
He said that their ruling was based on four grounds; the concept of recusal in line with the constitution, impartially as a ground for recusal, whether the application met the required threshold for bias and whether the applications were merited.
Just as the ruling stated, in accordance to Justice Ogola, the application did not meet the set criteria and was hence dismissed.
The judges provided former Deputy President’s lawyer with an opportunity to file amended petitions within five days, same as the respondents.
The court will therefore sit on October 29th to deliberate on the applications.
