Gachagua escalates fight to remove judges from his impeachment case

Five appellants have filed an appeal at the Court of Appeal, challenging a High Court ruling that dismissed their applications to have a three-judge bench recuse itself from a case regarding the impeachment of former Deputy President Rigathi Gachagua.

The appeal was lodged by Hon. David Munyi Mathenge, Peter Gichobi Kamotho, Muthoni Mwangi, Clement Muchiri Muriuki, and Edwin Munene Kariuki. 

They argue that the bench empanelled by Deputy Chief Justice Philomena Mwilu consisting of  Justices E. Ogola, Antony Mrima, and Freda Mugambi demonstrated bias and failed to ensure a fair hearing.

Background of the Gachagua impeachment case

The original case was filed by Deputy President Gachagua against the State Law Office, the Senate, and other parties after the Senate upheld impeachment charges against him.

 A conservatory order was issued, temporarily halting the impeachment process until the matter could be heard. 

Due to its constitutional importance, the case was assigned to the three-judge bench.

The appellants, however, contend that the assigned judges exhibited apparent bias and failed to meet the required standards of impartiality, prompting their appeal.

Grounds for the appeal

The appellants have raised concerns regarding the High Court ruling, outlining 12 key grievances in their appeal. 

Chief among these is the claim of apparent bias, with the appellants arguing that evidence of a longstanding friendship between Justice Antony Mrima and the Speaker of the Senate was ignored.

This, they assert, casts serious doubt on the impartiality of the proceedings.

Another major contention is the unfair burden of proof placed on them. They allege that the judges set an excessively high standard for proving bias, effectively rendering their recusal applications impossible to succeed.

The appellants also accuse the judges of issuing prejudicial rulings, claiming that decisions on the recusal applications were made prematurely, without giving the parties a full opportunity to present their arguments. This, they argue, violated their constitutional right to a fair trial.

Further, the appeal alleges a failure to disclose conflicts of interest, alleging that the judges did not reveal relationships with certain parties involved in the case.

Relief Sought

In their appeal, the appellants are urging the Court of Appeal to overturn the High Court's ruling and allow their applications for the recusal of the three-judge bench.

They argue that this is essential to restore public confidence in the judiciary and ensure that justice is not only done but is seen to be done. 

Additionally, they are seeking an order for costs incurred both at the High Court and in the appeal,