Former Deputy President Rigathi Gachagua remains eligible to contest any elective position, including the presidency, in the 2027 General Election despite the High Court's decision to uphold his impeachment, Law Society of Kenya (LSK) President Charles Kanjama has said.
Speaking during an interview on Citizen TV on Monday, June 8, Kanjama addressed concerns that the impeachment automatically locks Gachagua out of a future presidential bid against William Ruto.
Reacting shortly after the court delivered its ruling, Kanjama maintained that the former Deputy President can still seek any public office, even though the judgment was not in his favour.
His remarks followed widespread debate over Gachagua's political future after the High Court sitting at Milimani upheld the Senate's impeachment decision on Monday evening.
Kanjama further cited constitutional provisions he believes keep the leader of the Democracy for the Citizens Party (DCP) in the race for the country's highest office, a position Gachagua has increasingly signalled interest in pursuing.
According to Kanjama, Article 99(3) of the Constitution only disqualifies an individual from contesting for elective office once all available appeal processes have been exhausted.
In effect, he said, a final determination must first be made by the Court of Appeal and, where necessary, the Supreme Court.
"So, 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.
He added that a High Court ruling is not necessarily the final determination in constitutional matters unless Gachagua opts not to challenge it further.
As a result, the grounds for disqualification under Article 99(3) cannot fully apply until the entire appellate process has been concluded.
Moments after the judgment was delivered, Gachagua's legal team announced plans to move to the Court of Appeal to challenge the ruling.
That means his eligibility to vie for an elective seat remains unaffected while the appeal is still pending.
Meanwhile, Gachagua is expected to address the media at 3.45pm today, with the outcome of the case likely to dominate the agenda of the highly anticipated briefing.
The DCP leader has repeatedly declared his intention to run for president in 2027 and challenge Ruto for the country's top seat.
However, before facing the incumbent, Gachagua may first have to contend with other opposition figures after leaders within the opposition camp agreed to back a single presidential candidate against Ruto in the 2027 election.
