Gachagua suffers another blow in Court

By Peter Ochieng

Impeached Deputy President (DP) Rigathi Gachagua has suffered yet another blow in Court.

The High Court on Friday afternoon declined an application to have three judges, forming a three-judge-bench to recuse themselves from hearing and determining the cases filed challenging the swearing in of Kindiki Kithure as the new DP.

Justice Eric Ogola on behalf of Antony Mrima and Fridah Mugambi said that they based their judgement on four grounds, which are; the concept of recusal in line with the Constitution, impartiality as a ground for recusal, whether the applications met the required threshold for bias, and whether the applications were merited.

The application by Gachagua’s lawyers, he said, did not meet the set criteria and was hence dismissed.

"Having rendered ourselves, we wish to restate, given the public interest in this matter and the need for expeditious coping with the urge to balance the interest of both parties, we give further directions on the way forward. The applications for recusal are hereby disallowed," the judge stated.

“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,” he added.

The Court will now have a session on Tuesday, October 29, to deliberate on the applications. During back and forth in Court, advocate Kibe Mungai representing Gachagua, said that Senate Speaker Amason Jeffa Kingi attended Justice Antony Mrima's wedding, hence ought to recuse himself for not revealing the matter beforehand.

On the other hand, advocate Ndegwa Njiru also acting on behalf of Gachagua, alleged that Justice Ogola's wife was appointed by President William Ruto, who is an interested party in the matter.

Veteran lawyer John Khaminwa said the three judges were not the only ones in the country who can handle the case.

"If anyone is uncomfortable with you, please walk out. You are not the only judges who can preside over this matter."

The three judges initially threw out a petition challenging Deputy Chief Justice (DCJ) Philomena Mwilu’s move to form the bench, in the absence of Chief Justice Martha Koome.