Three judges handling the impeachment case against Rigathi Gachagua have declined an application asking them to recuse themselves from the case.

In a ruling delivered on Friday, October 25, 2024, by Justice Eric Ogola, the judges vowed to continue with the case, despite reservations made by Gachagua‘s side.

“The applications for recusal are hereby disallowed. The petitioners are hereby granted leave to file and serve amended petitions if need be, within five days of this order,” Justice Ogola ruled.

In his reservations through his lawyers, Gachagua claimed that he did not trust justices Ogola, Anthony Mrima and Fredah Mugambi to deliver justice, saying that the court had already picked sides.

According to Gachagua who was represented by lawyers Ndegwa Njiru and Paul Muite, the judges failed to disclose their close association with some of the parties involved in the impeachment case.

“The matter needs to be decided by a bench that has no question of bias. Please grant the application for recusal and allow another bench to be appointed to determine the issues,” Muite argued in court.

The three-judge bench has also issued guidelines on pending applications for conservatory orders and those seeking to discharge, review and set aside the conservatory orders on the appointment of a new deputy president.

“In view of the nature of the pending applications for conservatory orders and those seeking to discharge, review and set aside the conservatory orders in Cohort 2 Petitions, we hereby direct as follows: The applications seeking to discharge, review and set aside the conservatory orders shall be deemed as responses to the applications for conservatory orders,” Justice Ogola ruled.

“Parties are at liberty to file and serve any responses and/or further responses to either of the applications together with skeleton submissions within two days of this order.”

The judges, who issued a summary ruling, promised to issue a comprehensive ruling later.