Impeached Deputy President Rigathi Gachagua in court on October 22, 2024 (PHOTO: EZEKIEL AMING'A)
Impeached Deputy President Rigathi Gachagua has claimed that Judge Anthony Mrima who is one of the judges handling his impeachment cases is a close friend of Senate Speaker Amason Kingi.
Gachagua and petitioner David Mathenge have laid it out as a basis for why the Judge should disqualify himself from the case.
Advocate Kibe Mungai painted a picture of alleged impropriety against Justice Mrima based on the alleged relationship he has with Kingi.
"Whether perceptions or substantial, we are unable to proceed with this bench," Mungai told Justice Eric Ogola, Anthony Mrima and Fredah Mugambi said.
"The judge is guilty of material non-disclosure as the same 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."
Today, the three-judge bench is hearing another application seeking their recusal from cases touching on the impeachment process of Rigathi Gachagua.
Before that, the bench will first handle procedural issues of consolidation as cases touching on the impeachment have reached 30.
On Wednesday, Justices Eric Ogola, Anthony Mrima and Freda Mugambi dismissed an application by Gachagua and other petitioners who were challenging the validity of their appointment by Deputy Chief Justice Philomena Mwilu to hear some of the cases.
The bench said they do not find any fault in the DCJ assigning them the matters before the court, more so when the honourable Chief Justice has not raised any red flag.
It was their finding that the constitutional function of the CJ to assign benches, being an administrative function, can be performed by the DCJ when the CJ, for good reason, is unable to perform.
Deputy Chief Justice had constituted a three-judge bench including Justices Anthony Mrima, Eric Ogola and Fredah Mugambi to hear impeached Gachagua’s matter.
Gachagua through his team of advocates led by Senior Counsel Paul Muite argued that the only person who has the capacity to empanel a bench is the Chief Justice.
The team sought to find out at what point the file came from Kerugoya at 4 pm Saturday for the DCJ to appoint Justices Anthony Mrima, Eric Ogola and Fredah Mugambi to hear the matter.