The appeal has been filed by Hon. David Munyi Mathenge, Peter Gichobi Kamotho, Muthoni Mwangi, Clement Muchiri Muriuki, and Edwin Munene Kariuki.
They assert that the bench, convened by Deputy Chief Justice Philomena Mwilu, which includes Justices E. Ogola, Antony Mrima, and Freda Mugambi, demonstrated bias and did not provide a fair hearing.
The original case was initiated 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 granted, temporarily suspending the impeachment process until the matter could be adjudicated.
Given its constitutional significance, the case was assigned to the three-judge bench.
However, the appellants argue that the assigned judges displayed apparent bias and did not adhere to the necessary standards of impartiality, leading to their appeal. They have articulated 12 principal grievances regarding the High Court ruling.
A major point of contention is the allegation of apparent bias, as the appellants claim that the evidence of a longstanding friendship between Justice Antony Mrima and the Speaker of the Senate was disregarded. They argue that this relationship raises serious questions about the impartiality of the proceedings.