The High Court bench presiding over the impeachment petitions of former Deputy President Rigathi Gachagua has, for the second time, declined to recuse itself from the case.
Justices Eric Ogola, Anthony Mrima, and Freda Mugambi firmly dismissed claims of bias raised by Gachagua, stating that no sufficient grounds had been presented to warrant their withdrawal from the proceedings.
In a further ruling, the bench rejected an application by one Fredrick Mula who sought to substitute Gachagua as the petitioner in four of the more than 30 consolidated impeachment-related petitions.
The court found the application premature and without merit, noting that the former Deputy President had not indicated any intention to withdraw from the cases.
The judges also declined a request from several lawyers to empanel a fresh five-judge bench, ruling that the constitution of a bench is an administrative duty reserved for the Chief Justice, not a judicial decision for review by the current panel.
Parties involved in the case have now been directed to file their written submissions and rejoinders ahead of the oral hearings scheduled for October 23rd and 24th. A judgment date will be determined thereafter.
The request, filed by several lawyers, had challenged the legality of the current bench proposing that the file be referred back to the Chief Justice for fresh empanelment.
