Three High Court judges have declined to recuse themselves from former Deputy President Rigathi Gachagua’s impeachment case as he had requested.
The three are justices Freda Mugambi, Eric Ogola, and Anthony Mrima.
Gachagua, through his lawyers, had sought the recusal of the trio handling several petitions challenging his impeachment, citing a conflict of interest.
The former DP questioned the two judges’ ability to provide a fair and impartial ruling. For instance, he questioned whether Justice Ogolla could be impartial since his wife was appointed to a state job.
Gachagua, through his lawyers, further went ahead to claim that Justice Mrima was a close ally of Senate Speaker Amason Kingi, who is a respondent in the case, thus he is not fit to hear the case.
"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. Likewise, the respondents are granted leave to file amended responses if need be within five days of service," the three-judge bench ruled.Also in the ruling, the judges announced the application challenging the conservatory orders, which halted the swearing-in of the new deputy president, will be heard on Tuesday, October 29.