Explained: Why Rigathi Gachagua Can Still Run for President Despite Court Upholding His Impeachment
Former Deputy President Rigathi Gachagua remains legally eligible to contest any elective seat, including the presidency, in the 2027 General Election despite a High Court ruling upholding his impeachment, the president of the Law Society of Kenya has clarified.
Speaking shortly after the landmark judgment delivered by the High Court in Nairobi on Monday, LSK President Charles Kanjama sought to dispel growing speculation that Gachagua’s political ambitions had been extinguished by the court’s decision.
The ruling, which upheld the Senate’s decision to remove Gachagua from office, sparked widespread debate over whether the former Deputy President could still seek public office, particularly as he positions himself as a key challenger to President William Ruto ahead of the 2027 elections.
However, Kanjama maintained that the impeachment alone does not automatically lock Gachagua out of future electoral contests.
In an interview on Citizen TV, Kanjama explained that the Constitution provides safeguards that allow a person to continue seeking elective office until all available appeals have been fully exhausted.
According to him, Article 99(3) of the Constitution only takes full effect after the judicial process has run its course, including appeals before higher courts.
“For as long as we are in the current situation, the decision of the High Court basically vindicates the right of former Deputy President Rigathi Gachagua to seek public office if he so decides to,” Kanjama stated.
The legal expert noted that the High Court’s decision does not represent the final determination in the matter, especially given that Gachagua’s legal team has already signalled its intention to challenge the verdict before the Court of Appeal.
Under Kenya’s legal framework, the Court of Appeal — and potentially the Supreme Court should the matter reach that stage — would have to issue final determinations before any disqualification from elective office could become effective.
This means that while the impeachment has been upheld at the High Court level, Gachagua’s eligibility to contest elections remains intact as long as the appeals process is ongoing.
Moments after the ruling, lawyers representing the former Deputy President confirmed that they would immediately move to the Court of Appeal in a bid to overturn the judgment.
The development keeps alive Gachagua’s political ambitions at a time when he has increasingly presented himself as a potential presidential contender under the banner of the Democracy for the Citizens Party (DCP).
The former Deputy President has repeatedly hinted at mounting a serious challenge against President Ruto in the 2027 presidential race, setting the stage for what could become one of the most fiercely contested elections in Kenya’s recent history.
However, even if his legal battle succeeds, Gachagua may still face another hurdle within the opposition camp, where several prominent leaders have publicly committed to rallying behind a single candidate to face Ruto in the next General Election.
With the impeachment case now heading to the appellate courts, the political and legal battle surrounding Gachagua’s future appears far from over.
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