Gachagua appeals decision to keep judges on impeachment case

Former Deputy President Rigathi Gachagua has filed an appeal challenging a High Court ruling that declined to have its bench recuse itself from his impeachment case.

Gachagua's legal team, led by Njindo Matiba Advocates, lodged the appeal on January 18, 2025, after Justices Eric Ogola, Freda Mugambi and Anthony Mrima rejected the request for recusal.

The petitioners argue that the judges, particularly Mrima, have demonstrated actual and apparent bias in the case due to their personal connections with key individuals involved.

They claim Justice Mrima failed to disclose his friendship with Senate Speaker Amason Kingi.

The petitioners cite Supreme Court precedent, which holds that personal relationships, including participation in private events, can create a perception of bias, justifying a recusal.

The High Court's decision on October 25, 2024, allowed the case to proceed, granting Gachagua the right to appeal.

The judges ruled the recusal applications were "disallowed," and allowed the petitioners five days to amend their petitions.

In their appeal, the petitioners argue that the High Court judges set an unreasonably high standard for proving bias in recusal requests, which allowed them to remain on the case despite evidence to the contrary.

The petitioners now seek for the Court of Appeal to overturn the High Court ruling and issue a fresh decision.