Rigathi Gachagua is set to be embroiled in another legal battle after moving the Court of Appeal to challenge three High Court judges.
In yet another attempt to keep his political life alive, Gachagua named President William Ruto as a respondent as his legal team decried a conflict of interest involving the three-judge bench empanelled to hear and determine his case in October 2024.
Amid a battle to retain his DP seat in October 2024, Gachagua was dealt a blow when the High Court ruled that Deputy Chief Justice (DCJ) Philomena Mwilu acted within the law in empanelling a three-judge bench comprising justices Anthony Mrima, Eric Ogola, and Fridah Mugambi to hear the impeached DP's case.
However, in another appeal whose court papers were obtained by Kenyans.co.ke, Gachagua's team led by Baragwi Ward MCA David Munyi Mathenge raised concerns over a possible conflict of interest involving the three judge-bench who are said to be close friends with elements involved in the former DP's ouster.
The application particularly brought forth ties of Justice Anthony Mrima to Senate Speaker Amason Kingi - citing Kingi's attendance at Justice Mrima's wedding ceremony where the Speaker referred to Mrima as a 'long-time friend'.
More controversially, Gachagua's legal team also mentioned that Justice Eric Ogola’s spouse holds a prestigious position at a reputable agency, courtesy of the presidency.
"The learned judges erred in law in refusing to recuse themselves where apparent bias was demonstrated thus infringing on the Applicants' right to a fair hearing guaranteed under the constitution," part of the appeal read.
Speaker of the National Assembly Moses Wetangula, who oversaw the MP's overwhelming votes to impeach Gachagua, was also named in the lawsuit as a respondent.
The judges are also accused of 'determining the merits of the recusal applications before hearing the parties in the recusal applications. This, according to Gachagua's legal team, was a blatant denial of his right to a fair hearing.
Further, the judges were accused of failing to take into consideration Justice Chacha Mwita's orders from October 18 2024 halting the replacement of Gachagua as deputy President. At the time, Mwita claimed Gachagua's application raised pertinent issues that needed to be heard and determined by the court.
In the latest application, Gachagua's legal team is seeking to have their appeal heard, while also having the ruling made by the three-judge bench on October 2024 'set aside and the same be substituted by the decision of the Court of Appeal'.
Following his speedy impeachment, Gachagua was replaced by Kithure Kindiki, who took over the Deputy Presidency at the start of November 2024. Notably, at the time, Gachagua withdrew a petition that he lodged at the Court of Appeal over the hearing of his impeachment by the three bench judges at the High Court.
At the time, Gachagua argued through his lawyers that the withdrawal request was because the case had been overtaken by the order of events, following the swearing-in of Deputy President Kithure Kindiki.
