Embattled Deputy President Rigathi Gachagua has called on Justice Anthony Mrima to recuse himself from his impeachment case, citing his [Mrima’s] close friendship with Senate Speaker Amason Kingi.
Through his lawyer, Kibe Mungai, Gachagua argued that Justice Mrima, the presiding judge in the impeachment case, should step down due to his personal ties to Kingi.
“There is a very close relationship between Justice Mrima and the Senate Speaker Amason Kingi. That ought to have been disclosed and it wasn’t. The petitioners are therefore of the view that it would not be proper for him to proceed in this matter,” argued Advocate Mungai.
The impeached DP’s lawyers cited the “conflict of interest” in the case, explaining that Kingi was invited to Justice Mrima’s traditional wedding.
"The judge is guilty of material non-disclosure, as this relationship should have been disclosed to allow all parties to make an informed decision. We believe it would be improper for you to continue handling this case," Mungai stated.
The claim is supported by a widely circulated screenshot of a Facebook post from October 9, 2021, in which Speaker Kingi shared a photo of himself presenting a gift to Justice Mrima during the renewal of the judge’s wedding vows.
"Hearty congratulations to my longtime friend, Justice Anthony Mrima, on the renewal of your marriage vows. Hongera, kakangu," Kingi wrote in the post.
In response, Lawyer John Khaminwa argued that the judges deserve to be protected from such claims.
“The position my learned friend has taken is not appropriate. We are not here to destroy professions; we have to protect the judges,” said Khaminwa.
Earlier, the court consolidated all the petitions challenging Gachagua’s impeachment. The judges decided to hear applications for the recusal at 2.30pm today.
During Wednesday's sitting, Justices Eric Ogola, Anthony Mrima, and Freda Mugambi dismissed an application challenging the validity of their appointment by Deputy Chief Justice Philomena Mwilu to hear some of the cases.
The three stated that they do not find any fault in the DCJ assigning them the matters before the court.
Gachagua’s advocates on their part insisted that the only person who has the capacity to empanel a bench is the Chief Justice.
Earlier on, President William Ruto's lawyers withdrew from Gachagua's impeachment case stating that the Head of State cannot be subjected to civil proceedings.
"We shall no longer be acting for the sixth respondent of this matter and to that effect, we have filed a notice to cease action on account of the Supreme Court decision, that determined that the President cannot be subject to civil proceedings," Lawyer Kamotho Njenga said.
