High Court judges hearing the impeachment case against impeached deputy president Rigathi Gachagua have rejected calls to vacate the case over allegations of conflict of interest.
The three-judge bench of justices Eric Ogola, Anthony Mrima and Freda Mugambi, on Friday denied requests by lawyers representing Gachagua to recuse themselves from the case.
The judges, instead asked lawyers representing Gachagua and those representing Parliament and other interested parties in the case, to file amended petitions ahead of the continuation of the case next week.
They also set aside Tuesday next week, as the day for hearing and determining calls by Parliament and the executive to lift conservatory orders issued stopping the replacement of Gachagua following his impeachment.
“The applications for recusals are hereby disallowed. The petitioners are hereby granted leave to file and serve amended petitions if need be within five days of this order,” said Justice Ogola.
“The respondents are likewise granted leave to file amended respondents if need be and serve them within five days,” he added.
Gachagua had on Thursday sensationally claimed that Justice Mrima who is one of the judges handling his impeachment cases was a close friend of the speaker of the Senate Amason Kingi.
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.
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.”
They 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.
“We are of the view that it would not be proper for you to proceed with this matter,” said Kibe.
But the Attorney General as represented by Prof Githu Muigai said it has not been demonstrated that there’s any way the independence of any of the judges has been compromised.
“If this court would entertain such claims, it will throw into disarray a critical public interest litigation when the country is in the throes of a serious constitutional crisis,” said Githu.
He argued that the Court can’t stop sitting on the flimsiest allegations of friendship between parties.
“This is the nature of our profession. The speaker is a member of the legal profession so is Judge Mrima. How else are we to do our work,” he said.
Githu submitted that a claim that a friendship may exist between the two is baseless.
On Thursday the bench consolidated 30 matters touching on Gachagua’s impeachment.
It said it would first deal with applications seeking their recusal before they delve into other issues raised in the case.
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