- The team of the sacked vice president Rigathi Gachagua had opposed the creation of a panel of three judges by DCJ Philomena Mwilu
- On Thursday, October 22, they filed a petition asking the three judges to resign citing conflicts of interest.
- Veteran lawyer John Khaminwa asked the three to withdraw if any parties involved in the Gachagua case are not satisfied with their presence
Nairobi – Case against the sacked vice president Rigathi Gachagua continues in the Hill Court.
Deputy Chief Justice Philomena Mwilu constituted a panel of three judges, comprising Justices Anthony Mrima, Eric Ogola, and Fredah Mugambi to hear the case.
The creation of this panel was initially opposed by Gachagua's lawyers, who claimed to be the Chief Justice Martha Koome the only one with the authority to create such a panel, stressing that this is not just an administrative task.
However, the panel noted that Mwilu properly used his administrative authority in creating the panel.
What happened in court during the hearing of the Gachagua case
During the session on Thursday, October 24, a call for the judges to recuse themselves from the case was made.
Lawyers identified several issues, including close personal relationship between Justice Anthony Mrima and Senate Speaker Amason Kingiwho were not disclosed.
Mungai noted that Kingi attended Judge Mrima's wedding, which has been recorded on social media.
The opponents of the case said that relationship that may affect the privileges in the case, and they urge Judge Mrima to resign to maintain justice.
How John Khaminwa responded about the removal of judges
Veteran lawyer John Khaminwa, after hearing the arguments, suggested that the judges should consider withdrawing from the case to allow the creation of a new panel if there are parties who were not satisfied with the management of the case.
“Your Lordships must be flexible. I will say this with great respect: if there are parties who do not want you to hear this case, please remove yourself. You are not the only judges in the country. Allow another panel of judges to be appointed to hear this case,” he said.
Why did John Khaminwa disagree with the court?
During the session on Tuesday, October 22, veteran lawyer John Khaminwa expressed his dissatisfaction with the court regarding the time given to the lawyers representing the parties involved in the impeachment case.
Khaminwa emphasized the importance of sufficient time for lawyers to present their arguments, noting that the country is facing a constitutional crisis.
He said the situation is bad and has crippled the nation, stressing the need for equality between the parties involved, a process that he believes can only be facilitated by the courts.
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