A three Judge bench empanelled to preside over Impeached Deputy President Rigathi Gachagua petition have declined to recuse themselves from hearing and determining the case.
In the case , DP Gachagua among other petitioners filed petitions challenging the swearing in of appointed DP Prof. Kindiki Kithure.
The judges stated that they based their judgment on four grounds; the concept of recusal in line with the Constitution, impartiality as a ground for recusal, whether the applications met the required threshold for bias, and whether the applications were merited.
According to Justice Ogola, the application did not meet the set criteria and was hence disallowed.
“Having rendered ourselves, we wish to restate, given the public interest in this matter and the need for expeditious coping with the urge to balance the interest of both parties, we give further directions on the way forward. The applications for recusal are hereby disallowed,” the judge stated.
