Court Rejects Bias Claims in Gachagua Impeachment, Rules Speakers Had No Decision-Making Role

The High Court in Nairobi has thrown out arguments that the impeachment of former Deputy President Rigathi Gachagua was tainted by bias, with presiding Justice Eric Ogolla ruling Monday that the Speakers of both Houses played no substantive role in determining the outcome of the removal process.

Delivering judgment at Milimani Law Courts, Justice Ogolla addressed the bias argument head-on.

"We are not satisfied with the petitioners' argument that there was bias in the impeachment of Hon Rigathi Gachagua. Speakers do not determine the merits of an impeachment. 

They neither debate nor vote. They are not substantive constitutional decision makers in the impeachment process. That responsibility is bestowed upon MPs and senators," he stated.

The finding knocks out one of the strongest planks of Gachagua's petition, which had argued throughout the hearings that the process was orchestrated and predetermined from the top.

The bench of Justices Ogolla, Anthony Mrima and Freda Mugambi has spent months working through seven consolidated petitions filed by 41 individuals. 

Gachagua was impeached by the National Assembly on October 8, 2024, and the Senate upheld his removal nine days later on five of the eleven charges brought against him.

He became the first deputy president in Kenya's history removed through the constitutional impeachment process.

His lawyers had argued that public participation was inadequate, constitutional safeguards were bypassed, and the speed of the process denied him a fair hearing. Monday's judgment is addressing each of those grounds in turn.

The stakes extend well beyond the courtroom. An adverse ruling would bar Gachagua from contesting public office, directly cutting off his stated plan to run for the presidency in 2027.

On Sunday, he told supporters he was prepared for any outcome. "We are ready for whatever outcome. 

If the three judges rule that we were treated unfairly and against the law and the Constitution and lift the impeachment and let us be, we shall be grateful to God," he said.