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Not going anywhere: Judges say they will not recuse themselves from Gachagua impeachment case

Justices Freda Mugambi, Eric Ogola and Anthony Mrima

From left: Justices Freda Mugambi, Eric Ogola and Anthony Mrima at the Milimani High Court.

Photo credit: Wilfred Nyangaresi | Nation Media Group

Justices Eric Ogola, Anthony Mrima and Freda Mugambi have rejected an application to recuse themselves from hearing the case of impeached Deputy President Rigathi Gachagua.

Mr Gachagua had sought recusal of the judges handling several petitions challenging his impeachment, claiming he will not get a fair hearing from the bench.

Through lawyers Kibe Mungai, Tom Macharia and Ndegwa Njiru, among others, Mr Gachagua and other petitioners challenging the impeachment process submitted that the judges had also failed to disclose their close relationship with some parties involved in the case, creating the impression that the bench was not impartial.

The lawyers said they feared that the bench would not act or conduct the proceedings in a fair, just and impartial manner and that it was only fair for them to recuse themselves.

Justice Mrima must recuse himself, Gachagua's lawyers tell court

Lawyers for the other side, however, dismissed the allegations as frivolous and unfounded, designed to further delay the conclusion of the matter, if not to intimidate and embarrass the judges.

Lawyer Danstan Omari: The petitioner, DP Gachagua, is scared of this three-judge bench