Questions over former Deputy President Rigathi Gachagua’s eligibility to contest the presidency have taken centre stage following renewed political discussions on his impeachment and its legal implications.
The debate has drawn input from legal and political leaders weighing in on whether he can appear on the ballot in a future election.
The discussion has been amplified by a feature carried in the People Daily, which explored the constitutional position surrounding his political future amid ongoing court processes and competing interpretations of the law.
Law Society of Kenya President Charles Kanjama stated that Gachagua’s case remains unresolved within the judicial system, meaning no final legal determination has been made on his political rights.
He noted that the impeachment process is still subject to appeal and review by higher courts, which keeps the matter legally open.
Kanjama explained that until the Court of Appeal and, if necessary, the Supreme Court deliver final rulings, questions over eligibility cannot be conclusively settled.
He further argued that if any aspect of the impeachment is overturned, the legal basis for restricting Gachagua’s candidature could change.
The LSK President maintained that the constitutional process allows affected individuals to pursue all available legal remedies, and that political rights are generally only fully affected once all judicial avenues have been exhausted.
Nyandarua Senator John Methu offered a different interpretation, insisting that the Constitution does not automatically bar Gachagua from seeking office unless a final legal decision explicitly disqualifies him.
He maintained that impeachment alone does not immediately remove political rights unless all appeals have been concluded and upheld.
Methu further argued that Gachagua remains a significant political figure with strong support in parts of the country, warning against what he described as attempts to pre-emptively exclude him from the electoral process.
He said the law provides room for candidates to defend their position until all legal remedies are exhausted.
The debate comes against the backdrop of Gachagua’s growing political profile following his fallout with President William Ruto and subsequent removal from office.
His allies have continued to position him as a key player in emerging political alignments ahead of the next election cycle.
Legal observers say the matter now hinges on court interpretations of impeachment consequences and constitutional rights of leadership aspirants.
The final outcome will depend on how appellate courts rule on the legality and implications of his removal from office.