- A three-judge court dismissed Rigathi Gachagua's request to resign in his impeachment case, saying there was insufficient evidence and they would be biased
- Justices Ogola, Mrima, and Mugambi ruled that Gachagua's justice issues did not meet constitutional standards
- The judges also ordered the Gachagua team to submit revised applications within five days, while the respondents were given the same time to respond.
- The conservatorship's pending injunction applications will now be considered as responses in the hearing, scheduled for October 29
Nairobi – In another blow to the sacked vice president Rigathi Gachaguathe three judges hearing his impeachment case have rejected his request to recuse himself.
Source: Facebook
The panel, presided over by Justices Eric Ogola, Anthony Mrima, and Freda Mugambi, rejected Gachagua's request to withdraw from the case on Friday, October 25, citing insufficient reasons for bias.
In the decision given by Judge Ogola, the panel noted that Gachagua's claims of unfair treatment did not reach the constitutional level required for withdrawal.
Judge Ogola explained the four important points considered by the panel: the principles of withdrawal under the Constitution, the absence of bias as a basis for withdrawal, whether Gachagua's request met the criteria for confirming bias, and whether his request had significant weight.
“Having committed our views above, we would like to reiterate that due to the public interest in this matter and the need for acceleration as well as the desire to balance the interests of all parties, we will issue further instructions on the way forward. Therefore, the withdrawal request is denied,” Judge Ogola said before a packed court at Milimani Court.
Other orders issued by Justice Ogola
The judges issued new orders to speed up the trial, considering the high profile of the ongoing case.
According to the decision, Gachagua's legal team has five days to submit any revised applications, while the respondents are given the same time to respond.

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Judge Ogola also addressed the pending applications for protective orders, saying they will be considered as responses to the current applications for protective orders in the case.
“A petition seeking to remove, review and revoke protective orders shall be treated as a response to a request for a protective order. All parties are permitted to file and provide any answers or additional responses to any of the requests, including written submissions, within two days. beginning with this order,” Judge Ogola ordered.
The case is scheduled for discussion on Tuesday, October 29, 2024, at four o'clock in the morning.
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Source: TUKO.co.ke
