Senior Counsel Nelson Havi has argued that former Deputy President Rigathi Gachagua remains eligible to seek elective office despite the High Court’s decision upholding his impeachment.
Speaking during an interview on JKLive, Havi said the court’s finding that Gachagua’s constitutional rights were violated during the impeachment process leaves room for further legal challenges that could affect the final outcome of the case.
According to Havi, Gachagua can continue participating in politics while pursuing appeals through higher courts.
“With this decision by the three judges confirming that there was a violation of Gachagua’s rights, the logical conclusion is that he, even as we speak now, may run if he wants to appeal or not,” Havi said.
He further argued that the former deputy president remains eligible until all available legal avenues, including the Supreme Court of Kenya, have been exhausted.
Constitutional lawyer Abdikadir Mohamed expressed a similar view, stating that an active appeal could preserve Gachagua’s eligibility to contest for public office.
Mohamed cited the legal principle that a matter is not conclusively determined until all appeals have been heard and finalized.
“You are innocent until proven guilty. So, when do you get proven guilty? When we have exhausted all the appeals. You can run so long as there is an active appeal in place,” he said.
He also referenced the 2013 presidential election, noting that both William Ruto and Uhuru Kenyatta were allowed to contest while facing cases before the International Criminal Court.
The debate follows the recent High Court ruling that upheld Gachagua’s impeachment while simultaneously finding that his right to a fair hearing had been violated during the Senate proceedings. The court awarded him KSh50 million in damages but declined to overturn the impeachment.
Gachagua has since indicated that he will challenge the ruling at the Court of Appeal, setting the stage for a prolonged legal battle that could ultimately be determined by the Supreme Court.
The question of whether an impeached state officer can contest elections while appeals are pending is likely to remain a key legal and political issue as the country moves closer to the 2027 General Election.
