In Courts: 3-judge bench to rule on recusal application

A three-judge bench will  Friday determine whether they will disqualify themselves from proceeding with cases touching on the impeachment of Rigathi Gachagua.

Gachagua on Thursday sensationally claimed that Judge Anthony Mrima who is one of the judges handling his impeachment cases is a close friend to 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 most flimsy 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 posed.

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.