In a pivotal decision, a three-judge bench presiding over the impeachment case of Deputy President Rigathi Gachagua has refused to recuse itself, dismissing concerns of impartiality.
Gachagua’s defense team had requested the recusal of Justices Eric Ogola, Anthony Mrima, and Fredah Mugambi, citing perceived conflicts of interest.
Among the claims were Justice Ogola’s family connections to a presidential appointee and Justice Mrima’s social interactions with Senate Speaker Amason Kingi, which Gachagua’s counsel argued could hinder a fair trial.
However, the judges affirmed their commitment to unbiased adjudication, stating the defense had not met the legal threshold required for recusal in Kenyan law.
The court’s decision allows the three judges to continue overseeing Gachagua’s consolidated impeachment case, which includes both a challenge to his removal from office and a request to halt the swearing-in of Interior CS Kithure Kindiki as his successor.
Gachagua’s lawyers had claimed that the current judicial panel might be influenced by external factors, but the Attorney General’s representatives countered that associations without evidence of bias do not warrant recusal.
The ruling emphasized that judges, as public officials, are permitted to engage in social interactions without it automatically compromising their impartiality in legal proceedings.
Moving forward, the court has directed both Gachagua’s team and the respondents to submit their amended petitions within five days in preparation for the next hearing.
This latest decision signifies a major step in the legal proceedings as the court prepares to address applications that could affect the deputy presidency’s immediate future.
The hearing is set for October 29, when the bench will assess further arguments, including an application to challenge conservatory orders that are currently blocking the swearing-in of the new deputy president.
