Africa-Press – Kenya. A three-judge bench has declined a second attempt by former Deputy President Rigathi Gachagua to recuse himself from hearing petitions challenging his impeachment case.
Justices Eric Ogola, Anthony Mrima, and Freda Mugambi on Thursday also dismissed an application by Fredrick Mula, who had sought to substitute Gachagua as the petitioner in four of the over 30 petitions.
The judges ruled that the request by Mula was premature and unwarranted, given Gachagua had notified the Court he was not withdrawing the petitions.
“The application dated June 16, seeking to revoke the notice of withdrawal, is hereby allowed. The application seeking substitution of the petitioner is declined. Parties to bear their own costs,” the bench said.
The court’s ruling effectively leaves Gachagua as the petitioner in the suit he originally filed, even after procedural back-and-forth involving a notice to withdraw and a subsequent attempt to reverse it.
In a separate determination, the bench also dismissed an application seeking its own recusal.
The request, filed by several lawyers, challenged the legality of the current bench and proposed that the matter be referred back to Chief Justice Martha Koome for fresh empanelment.
The judges, however, held that empanelment of benches is an administrative function of the Chief Justice under Article 165 of the Constitution and not a judicial matter to be reviewed by a bench already in place.
They further noted that returning the file to the Chief Justice without justifiable cause would open the door to potential interference, undermine judicial independence, and set a problematic precedent.
“The allegations of bias, conflict of interest or abuse of power have not been substantiated in this case,” the court found.
The bench added that the application lacked legal basis, threatened the credibility of judicial processes, and offended the principle of res judicata, which bars re-litigation of matters already determined.
The rulings now clear the way for the consolidated impeachment-related petitions to proceed to the substantive stage.
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