The three-judge bench hearing the impeachment case of Rigathi Gachagua has disallowed an application on their recusal.
In a ruling issued on Friday, October 25, Justices Eric Ogola, Freda Mugambi and Anthony Mrima noted that they had considered the application but did not agree with the applicants on their case.
"The applications for recusals are hereby disallowed," the bench ruled.
Following the ruling, the three-judge bench will proceed with hearing the impeachment case and other relevant applications.
Gachagua and his legal team had made an application in court seeking to have the judges recuse themselves from the matter citing their close links with officials in government.
For instance, the petitioners questioned whether the bench would be impartial as Justice Ogola's wife works in government and was appointed by a CS.
On the other hand, the petitioners also noted that Justice Mrima could be friends with Senate Speaker Amason Kingi following gifts that were given at a wedding.
Other Orders Issued by the Judges
Owing to public interest and strict timelines in the case, the bench also issued directions on how the case will proceed.
- Petitioners can amend their petitions within 5 days.
- Respondents can amend their responses in line with the amendments by the petitioners within 5 days.
- Hearing on conservatory orders set on Tuesday, October 29 at 10 am.
