In Courts: 3-Judge Bench to Rule on Recusal Application.

A three-judge bench will rule today on an application seeking their disqualification from handling cases related to Deputy President Rigathi Gachagua’s impeachment.

The request for recusal stems from claims made by Gachagua, who alleged on Thursday that one of the judges, Justice Anthony Mrima, is a close friend of Senate Speaker Amason Kingi. According to Gachagua and petitioner David Mathenge, this relationship could lead to bias and conflict of interest, warranting Mrima’s disqualification from the case.

Representing Gachagua, advocate Kibe Mungai presented details of an alleged impropriety, asserting that Kingi had attended a personal event involving Justice Mrima, where he gave a gift and posed for a photograph with him. Mungai argued that even the appearance of a close relationship raises doubts about impartiality. “Whether perceived or substantive, we cannot proceed with this bench,” he stated.

Kibe contended that Justice Mrima’s relationship with Kingi was a case of material non-disclosure, which should have been disclosed to allow the parties to make an informed decision about the judge’s involvement.

However, Attorney General Prof. Githu Muigai, representing the government, opposed the application, arguing that no evidence has been provided to show any compromise to the judges’ independence. “If the court entertains such claims, it risks disrupting essential public interest litigation during a critical constitutional period,” Muigai argued, calling the allegations of friendship “flimsy.”

Muigai reminded the court that both Mrima and Kingi are legal professionals whose occasional social interactions should not be grounds for recusal. “The Speaker and Judge Mrima are colleagues in the legal field. This is the nature of our profession,” he added.

The bench has consolidated 30 related matters involving Gachagua’s impeachment, deciding to address the recusal applications before moving to other issues within the case.

Article By Suzy Nyongesa.