Former Deputy President Rigathi Gachagua’s legal troubles deepened on Friday afternoon after the judicial panel handling the petitions concerning his impeachment and the appointment of Kithure Kindiki as his successor chose not to step aside. Justices Eric Ogola, Anthony Mrima, and Dr. Freda Mugambi ruled against the recusal application, delivering a setback to Gachagua’s legal team, led by Senior Counsel Paul Muite.
Judge Ogola delivered the ruling, emphasizing that the bench had thoroughly considered the bias claims raised by Gachagua’s counsel, only to conclude, “The application for recusal is hereby disallowed.” This decision came a day after the bench denied Gachagua’s request to remove allegedly misleading statements from an affidavit submitted in support of his application.
The contested statements included claims that Dr. Mugambi studied for an LLM under the mentorship of Prof. Kindiki, the Deputy President Designate, at Moi University, despite no such program being offered. Another disputed claim suggested that Justice Ogola’s wife had recently been appointed to a state parastatal by President William Ruto, even though the Gazette Notice listed the appointment under the Environment Cabinet Secretary. Additionally, the applicants pointed to a connection between Justice Mrima and Senate Speaker Amason Kingi, citing the Speaker’s presence at Mrima’s wedding in 2021.
With the recusal request denied, Justice Ogola has scheduled a hearing for October 29 to consider the Attorney General’s petition for a review of the conservatory orders currently blocking Gachagua’s impeachment and Kindiki’s appointment.
The decision also follows the court’s earlier dismissal of Gachagua’s claim that Deputy Chief Justice Philomena Mwilu lacked authority to form the bench, a ruling issued despite his team’s initial participation “under protest.”
