Blow to Gachagua as judges decline recusal plea

High Court Judge Eric Ogola. [Collins Kweyu, Standard]

The High Court has declined Rigathi Gachagua’s request for judges’ recusal from his impeachment case.

Justices Freda Mugambi, Eric Ogola, and Anthony Mrima ruled they would continue to hear the case, allowing Gachagua the right to appeal their decision.

“The applications for recusal are hereby disallowed. The petitioners are hereby granted leave to file and serve amended petitions, if need be, within five days of this order,” said Justice Ogola on Friday, October 25.

In addition, the High Court has scheduled a hearing for the application challenging the conservatory orders that stopped the swearing-in of Deputy President-designate, Kithure Kindiki, for October 29 at 10 a.m.

Friday’s ruling follows the dismissal of a separate application by Gachagua and other petitioners questioning the validity of the three-judge bench formation by Deputy Chief Justice Philomena Mwilu to preside over certain cases.

Through his lawyer, Kibe Mungai, Gachagua argued that Justice Mrima should recuse himself, citing his close friendship with Senate Speaker Amason Kingi.

Mungai contended, “There is a very close relationship between Justice Mrima and the Senate Speaker. 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.”

Gachagua also cited an appointment of another judge’s spouse to a government body as another claim that he said should inform the judge's recusal from the case.