NAIROBI, Kenya- The High Court has ruled that there was no evidence of bias, predetermination, or conflict of interest in the impeachment proceedings that led to the removal of former Deputy President Rigathi Gachagua from office.
In a landmark judgment delivered on Monday, the three-judge bench dismissed claims that the Speakers of the National Assembly and Senate, Members of Parliament, and Senators acted with prejudice or had predetermined the outcome of the impeachment process.
The court found that the petitioners had failed to provide sufficient evidence to support allegations that Parliament’s leadership and lawmakers were biased against Gachagua during the proceedings.
The judges held that constitutional office holders and institutions are presumed to act lawfully unless credible evidence is presented to prove otherwise.
The ruling is a significant setback for Gachagua, who had challenged his October 2024 impeachment on multiple grounds, including alleged violations of due process, lack of adequate public participation, denial of a fair hearing, and claims that the process had been politically orchestrated.
Prior to the judgment, Gachagua’s legal team argued that the impeachment was driven by malice and that key actors had already made up their minds before the proceedings began.
The court’s findings on bias add to a series of determinations that have largely favoured Parliament’s handling of the impeachment process. The bench also found that the National Assembly conducted constitutionally sufficient public participation, rejecting arguments that citizens were denied an opportunity to contribute to the process.
Gachagua had sought to have the impeachment declared unconstitutional and unlawful, arguing that he was not accorded a fair opportunity to defend himself before Parliament.
Parliament and the Senate, however, maintained throughout the case that the process complied fully with constitutional requirements and that the former deputy president was represented by lawyers and given a chance to respond to the allegations against him.
The judgment comes nearly 20 months after Gachagua became the first Deputy President in Kenya’s history to be removed from office through the constitutional impeachment process.
