Impeached Deputy President Rigathi Gachagua’s Case at Milimani Law Courts.Photo Courtesy
A three-judge bench at the Milimani Law Courts is set to hear the case challenging the impeachment of Deputy President Rigathi Gachagua. The bench, comprising Justices Eric Ogola, Anthony Mrima, and Fredah Mugambi, was constituted by Deputy Chief Justice Philomena Mwilu. This formation was initially contested by Gachagua’s legal team, who argued that only Chief Justice Martha Koome has the constitutional mandate to empanel such a bench.
Gachagua’s legal team led by Senior Counsel Paul Muite have since disputed the 3-judge bench ruling that decided to proceed to hear and determine the matter. This comes as respondents argued that the move is a tactic to derail the removal from office of the DP process of impeached Gachagua.
During the proceedings, calls for the recusal of the judges emerged due to alleged conflicts of interest, including a close personal relationship between Justice Mrima and Senate Speaker Amason Kingi. However, the bench determined that Mwilu had appropriately exercised her administrative powers in creating the panel.
Veteran lawyer Dr John Khaminwa was quoted as saying, “In the interests of justice, the judges should consider recusing themselves if there is any shadow of bias.” He emphasized that the integrity of the judiciary is paramount, especially in such a high-stakes case.
The judges have downplayed recusal calls, citing insufficient grounds for bias. The judges led by Justice Eric Ogola issued fresh directives to expedite the case, noting the high-profile nature of the ongoing proceedings. The case has been slated for hearing and deliberations today October 29, 2024, from 10 am.