NAIROBI, Kenya – Impeached Deputy President Rigathi Gachagua has called for the recusal of Justice Anthony Mrima from his impeachment case, alleging that the judge has close ties with Senate Speaker Amason Kingi, a relationship Gachagua argues could compromise the impartiality of the proceedings.
The claim was raised by Gachagua and petitioner David Mathenge as a basis for disqualifying Justice Mrima from hearing any cases related to the impeachment.
Advocate Kibe Mungai, representing the petitioners, argued before a three-judge bench that Justice Mrima’s alleged friendship with Speaker Kingi raises concerns about bias.
He contended that the judge had a duty to disclose the nature of this relationship before presiding over the case, allowing the parties involved to make an informed decision about his suitability to remain on the bench.
“Whether it’s a matter of perception or substance, we are unable to proceed with this bench,” Mungai said during his submission before Justices Eric Ogola, Anthony Mrima, and Fredah Mugambi. “The judge’s failure to disclose this connection undermines the integrity of these proceedings.”
The three-judge bench is currently hearing another application requesting their recusal from the Gachagua impeachment cases.
In total, 30 related cases have been filed, and the court is expected to address procedural matters, including whether to consolidate them.
The controversy over Justice Mrima’s involvement comes days after the same bench rejected a different application from Gachagua’s legal team, which challenged the legitimacy of their appointment by Deputy Chief Justice (DCJ) Philomena Mwilu.
The petitioners had argued that only Chief Justice Martha Koome had the authority to form such a bench, raising concerns about how quickly the case file was transferred from Kerugoya for the DCJ to make the appointments.
However, the court dismissed this challenge, ruling that the DCJ’s actions were within her administrative powers when the Chief Justice is unavailable.
“We do not find any fault in the DCJ’s decision to assign these cases to us, especially since the Chief Justice has not raised any concerns about this process,” the bench stated.
The claim was raised by Gachagua and petitioner David Mathenge as a basis for disqualifying Justice Mrima from hearing any cases related to the impeachment.
Advocate Kibe Mungai, representing the petitioners, argued before a three-judge bench that Justice Mrima’s alleged friendship with Speaker Kingi raises concerns about bias.
He contended that the judge had a duty to disclose the nature of this relationship before presiding over the case, allowing the parties involved to make an informed decision about his suitability to remain on the bench.
“Whether it’s a matter of perception or substance, we are unable to proceed with this bench,” Mungai said during his submission before Justices Eric Ogola, Anthony Mrima, and Fredah Mugambi. “The judge’s failure to disclose this connection undermines the integrity of these proceedings.”
The three-judge bench is currently hearing another application requesting their recusal from the Gachagua impeachment cases.
In total, 30 related cases have been filed, and the court is expected to address procedural matters, including whether to consolidate them.
The controversy over Justice Mrima’s involvement comes days after the same bench rejected a different application from Gachagua’s legal team, which challenged the legitimacy of their appointment by Deputy Chief Justice (DCJ) Philomena Mwilu.
The petitioners had argued that only Chief Justice Martha Koome had the authority to form such a bench, raising concerns about how quickly the case file was transferred from Kerugoya for the DCJ to make the appointments.
However, the court dismissed this challenge, ruling that the DCJ’s actions were within her administrative powers when the Chief Justice is unavailable.
“We do not find any fault in the DCJ’s decision to assign these cases to us, especially since the Chief Justice has not raised any concerns about this process,” the bench stated.
