Impeached Deputy President Rigathi Gachagua has taken his battle against the Attorney General and Parliament to the Court of Appeal, fighting to overturn his impeachment.
In an application filed under a certificate of urgency, Mr Gachagua seeks to stop the intended hearing of two applications to set aside the orders freezing his impeachment and preventing Deputy President-Elect Kithure Kindiki from assuming office.
“Pending the hearing and determination of the intended appeal this Honourable Court be pleased to issue an order staying the proceedings of the High Court in Nairobi High Court Constitutional Petition No. E565 of 2024 as consolidated with Kerugoya E013 of 2024, E014 of 2024 and E015 of 2024 H.E. Rigathi Gachagua and eight others-vs-Speaker National Assembly and 12 others,” reads the application.
Mr Gachagua, who lost his position after the Senate upheld his impeachment on 17 October, told the Appeals Court that he believes he will not receive justice before the High Court bench as currently constituted.
The embattled politician argues that the three-judge bench of Justices Eric Ogola, Anthony Mrima, and Freda Mugambi has openly shown bias by refusing to vacate the case over allegations of conflict of interest.
The judges have set tomorrow as the day for hearing and determining calls by Parliament and the executive to lift conservatory orders issued stopping the replacement of Mr Gachagua following his impeachment.
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Mr Gachagua had on Thursday sensationally claimed that Justice Mrima is a close friend of the speaker of the Senate Amason Kingi.
Mr Gachagua and petitioner David Mathenge laid it out as a basis for why the Judge should disqualify himself from the case, citing bias and conflict of interest.
Advocate Kibe Mungai painted a picture of alleged impropriety against Justice Mrima based on the alleged relationship he has with Kingi.
Mr Kibe told Justice Eric Ogola, Anthony Mrima and Fredah Mugambi that Kingi attended a wedding ceremony, and took a photograph with the Judge while handing him a gift.
“Whether perceptions or substantial, we are unable to proceed with this bench.”
The lawyer said the judge is guilty of material non-disclosure as their ‘close relationship’ ought to have been disclosed so that parties can make up their mind on the issue.
However, the judges denied requests to recuse themselves from the case on Friday, setting the stage for the upcoming hearings and their potential implications.
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