GACHAGUA: ELIGIBLE FOR THE PRESIDENCY

Former Deputy President Rigathi Gachagua has insisted that he remains eligible to contest the presidency in the 2027 General Election despite a High Court ruling that upheld his impeachment.

Addressing the media on Tuesday, a day after the three-judge bench delivered its judgment, Gachagua dismissed claims that the decision had locked him out of future elective politics. He argued that the matter remains active because the appeals process has not been exhausted.
"I wish to confirm to my supporters across the country that I'm eligible to vie as a presidential candidate, and I will be on the ballot on the 10th of August 2027 should the formula that will be agreed upon by the United Alternative Government favour me as a single presidential candidate," he said.

Gachagua cited constitutional provisions safeguarding political rights, insisting that no candidate can be barred from seeking office before all legal avenues have been pursued.
"Article 38 of our Constitution provides in clear and unambiguous terms that no person shall be barred from vying as a candidate in any election unless all avenues of appeal are exhausted," he said.

The former Deputy President's remarks followed Monday's High Court judgment, which upheld the legality of his impeachment. However, the court also found that his right to a fair hearing had been violated during Senate proceedings and awarded him KSh50 million in compensation.
Gachagua announced that he would challenge the decision at the Court of Appeal, expressing confidence that higher courts would eventually overturn the ruling.
"This erroneous judgment of the bench can be reviewed and overturned by the Court of Appeal. I will be vindicated by the Court of Appeal, hopefully once again, with further protection at the Supreme Court still in my hand," he said.

Beyond the legal battle, Gachagua revealed plans to temporarily step away from political mobilization activities to focus on consultations aimed at helping the opposition settle on a single presidential candidate for 2027.

He disclosed that he would spend the next 45 days at his Wamunyoro home engaging supporters, opinion leaders and stakeholders on the opposition's next steps.
"My supporters have now instructed me urgently to embark on the implementation of our joint strategic stance. I will retreat to Wamunyoro for 45 days to start exhaustive and extensive consultations with my supporters, opinion leaders and stakeholders on the formula of identifying a single presidential candidate," he said.

The consultations, he noted, will examine different possibilities, including scenarios where he becomes the opposition flag bearer or where another consensus candidate emerges through negotiations.
"I remain committed to working with my colleagues in the United Alternative Government towards the cause of a single presidential flag bearer," he added.

In separate remarks regarding opposition strategy, Gachagua indicated that after a planned tour of Western Kenya, he would scale back public rallies to focus on internal discussions among opposition leaders.
"After next week's western Kenya tour, Kenyans should not expect to see me in mobilization rallies, we shall be embarking on a journey to choose among ourselves, the best placed candidate that we shall front against Ruto," said Gachagua.

He further pledged support for whichever candidate is eventually selected by the opposition coalition.
"I will be leading all the opposition principals in making that decision. Be it Kalonzo, Matiang'i, Sifuna, Wamalwa or Martha Karua I will rally my people in supporting their bid," Gachagua vowed.

Additionally, he stressed the need to preserve unity within the opposition camp.
"I will make sure that we do not break but field a single presidential candidate," he said.

The High Court ruling has also sparked debate among opposition leaders and legal experts.
Former Interior Cabinet Secretary and Jubilee Party Deputy Leader Dr. Fred Matiang'i criticized the judgment, arguing that it contained contradictions. According to Matiang'i, the court's finding that Gachagua's right to a fair hearing had been violated sits uneasily alongside its decision to uphold the impeachment.

Matiang'i contended that once a constitutional process is found to have violated fundamental rights, questions naturally arise about the validity of the final outcome. He warned that the ruling could create uncertainty over how future impeachment proceedings are conducted and interpreted.

Meanwhile, Law Society of Kenya President Charles Kanjama has argued that Gachagua's eligibility to seek elective office remains intact until the appellate process is fully concluded.
Referring to Articles 73, 75 and 99 of the Constitution, Kanjama said Article 99(3) suggests that disqualification from elective office only takes effect after all appeals have been exhausted.
“A plain reading of Article 99(3) shows that his right to vie for public office is still open, is still alive until such a time as the Supreme Court will give its final determination. The High Court left open the question of whether all the fruits of impeachment will still apply after upholding the finality of impeachment,” he said.

Kanjama further noted that the judgment left unresolved questions about whether every consequence arising from the impeachment remains enforceable.
“If the Supreme Court upholds the impeachment, that is what will extinguish his right to vie. The court was not clear on it; it could have been clear by making a declaration that the outcome of the impeachment will not have any consequence,” he said.

He also pointed to the court's finding on the violation of Gachagua's fair hearing rights as a source of legal uncertainty.
“My interpretation is that because the court has found that there has been a violation of the right to a fair hearing, of necessity, the fruits of the impeachment cannot all be sustained. The finality in terms of bringing in a new Deputy President has been sustained, but the other fruits of impeachment, which is to stop the Deputy President from running again, cannot be sustained.”
“The outcome is fairly confusing,” Kanjama said.

The appeal process is already underway, with lawyer Njeri Maina informing the court that a notice of appeal had been filed and requesting certified proceedings and the judgment on behalf of the petitioners.

As the case heads to the Court of Appeal, the legal and political implications of Gachagua's impeachment are expected to remain at the centre of Kenya's opposition politics and the broader debate over the 2027 presidential race.