High Court Rejects Gachagua’s Bias Claims Against Parliamentary Speakers

By Andrew Kariuki

The High Court has dismissed claims by former Deputy President Rigathi Gachagua that the Speakers of the National Assembly and Senate were biased during the impeachment process.

In its judgment, the court held that the petitioners failed to demonstrate that either Speaker influenced the outcome of the proceedings or acted in a manner that compromised the fairness of the process.

Justice Eric Ogola observed that the Speakers do not determine the merits of an impeachment motion, noting that they neither debate nor vote on the matter.

“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,” Justice Ogola stated.

The court further ruled that public comments or expressions of support for the impeachment motion by Members of Parliament did not, on their own, amount to proof of bias.

“The mere fact that MPs publicly supported or commented on the impeachment motion of Hon Gachagua does not amount to bias,” the judge added.

The ruling is among the key findings in the judgment on petitions challenging Gachagua’s impeachment, with the court examining whether the constitutional and procedural requirements governing the process were adhered to.