Gachagua's Legal Team Demands Judges' Recusal Over Alleged Bias in Impeachment Case

Oct 25, 2024 - 09:14
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Gachagua's Legal Team Demands Judges' Recusal Over Alleged Bias in Impeachment Case

During Thursday’s court hearing, lawyers representing ousted Deputy President Rigathi Gachagua raised serious concerns about the impartiality of the three-judge bench presiding over his impeachment case. The defense, led by advocates Kibe Mungai, Ndegwa Njiru, and John Khaminwa, requested the recusal of Justices Anthony Mrima, Eric Ogola, and Fredah Mugambi, citing potential conflicts of interest.

Advocate Njiru focused on Justice Ogola, highlighting that his wife holds a position at the Kenya Water Towers Agency—a presidential appointment. He argued that this connection could compromise impartiality and should have been disclosed at the beginning of the trial.

Njiru also criticized the judges’ conduct during a previous session on Wednesday, where the court accused Gachagua’s legal team of attempting to intimidate the bench and framed their objections as self-serving.

Adding to these concerns, Advocate Mungai questioned Justice Mrima's impartiality, citing his personal relationship with Senate Speaker Amason Kingi, who is a key respondent in the case. This connection, Mungai argued, raised further doubts about the fairness of the proceedings.

Meanwhile, veteran lawyer John Khaminwa, who rarely calls for judge recusals, expressed strong opposition to some members of the bench hearing the case, underscoring the defense team’s deep mistrust of the judicial process.

The defense argued that to ensure justice is served, the judges in question should voluntarily step aside, allowing the case to proceed under a different panel.

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