Deputy President Gachagua’s legal team has called for Justices Anthony Mrima, Eric Ogola, and Fredah Mugambi to recuse themselves from his impeachment case, citing possible conflicts of interest.
During Thursday’s court session, advocates Kibe Mungai and Ndegwa Njiru questioned the impartiality of the judges.
Njiru raised concerns about Justice Ogola’s spouse, who holds a position at the Kenya Water Towers Agency, an appointment made through a presidential gazette notice. According to Njiru, this connection to the presidency should have been disclosed earlier, as it may suggest potential bias.
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Mungai also pointed to a close relationship between Justice Mrima and Senate Speaker Amason Kingi, a respondent in the case. He noted that Kingi attended Mrima’s wedding and described him publicly as a “long-time friend,” which, he argued, could compromise the judge's neutrality.
Njiru further accused the bench of exhibiting bias in previous rulings, highlighting comments made on Wednesday that he claims were disparaging toward Gachagua’s legal team, potentially impacting the fairness of the proceedings.
He argued that the court’s language and tone revealed a prejudiced stance, undermining the petitioners’ confidence in a fair trial.
Additionally, Njiru referenced a tweet from senior counsel Ahmednassir Abdullahi suggesting that the judges may soon discharge a conservatory order in Gachagua’s trial. According to Njiru, this post adds to perceptions of a possible bias against Gachagua.
Advocate John Khaminwa also voiced concerns, advising the judges to step down if there are doubts about their ability to remain impartial.
He stated that such a move would help restore public trust in the judicial process and allow the case to proceed fairly.
