Judges in Gachagua Impeachment Case Refuse to Recuse Selves, Appeal Set for October 29

A three-judge bench — Justices Freda Mugambi, Eric Ogola, and Antony Mrima — has declined to recuse itself from hearing an impeachment case against Rigathi Gachagua.

This decision came after Gachagua’s legal team questioned the judges’ impartiality, alleging bias. The judges, however, firmly rejected these claims, cautioning Gachagua’s advocates against making unfounded accusations that could influence public opinion on the judiciary’s independence.

Despite refusing to step down, the judges allowed an appeal to challenge their ruling, demonstrating an openness to further judicial review. In the meantime, they have set October 29 as the date to proceed with the Conservatory Orders case, which will address the temporary suspension of the Senate’s decision to impeach Gachagua.

This ruling marks a pivotal moment in the legal and political drama surrounding Gachagua, who faces accusations of corruption and ethnic incitement, amid escalating tensions with President William Ruto.

The High Court’s handling of this case continues to draw significant public attention, as it reflects deeper power dynamics within Kenya’s leadership and raises questions about executive accountability.