EXPLAINER: Why Gachagua Can Still Run For President Despite Court Ruling
Former Deputy President Rigathi Gachagua is entitled to run for any position, including the presidency, in the 2027 General Election.
This is despite a recent High Court verdict that upheld the Senate’s vote to impeach him, according to Law Society of Kenya (LSK) President Charles Kanjama.
Kanjama cleared the air in an interview with Citizen TV on Monday, June 8, about concerns that Gachagua’s impeachment would prevent him from opposing President William Ruto in the forthcoming elections.
Speaking immediately after the momentous verdict in Gachagua’s case, Kanjama stated that the former DP is still allowed to run for public office despite the ruling against him.
His statement comes amid confusion over Gachagua’s fate after the High Court in Milimani upheld the Senate’s decision to impeach him on Monday evening.
Charles Kanjama says Rigathi Gachagua can still vie for any public office until the Supreme Court makes a final determination on the matter, if the court ultimately upholds his impeachment. pic.twitter.com/8kiKlrFV4J— Henix Obuchunju (@Obuchunju) June 9, 2026
The LSK president went further to explain constitutional provisions that make the Democracy for the Citizens Party (DCP) leader eligible for the country’s top seat, a seat Gachagua has eyed in recent times.
Kanjama argues that under Article 99(3) of the Constitution, a person is only disqualified from holding elective office after all legal avenues of appeal have been exhausted.
This means that the Court of Appeal and, where applicable, the Supreme Court must have made final determinations.
“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.
According to Kanjama, the High Court alone is not the final word in constitutional disputes unless Gachagua decides not to appeal.
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Otherwise, until that full process is concluded, the legal basis for disqualification under Article 99(3) does not fully take effect.
Wakili, CJ anasema unless the impeachment is lifted, gachagua can not vie. https://t.co/l13fd1rg3W pic.twitter.com/NkIPmXRlIV— Dr. OTC, MOI (@timothyodera) June 9, 2026
Gachagua’s lawyers, moments after the ruling, revealed that they will go to the Court of Appeal to appeal the ruling.
This means that Gachagua’s eligibility to vie for elective office remains intact while any appeals are pending.
The DCP leader has, in recent times, announced his intentions of vying for the top seat, seeking to unseat President Ruto in the 2027 elections.
However, Gachagua will need to battle with other opposition leaders for a ticket after the leaders unanimously agreed to front a single candidate to face Ruto in 2027.
EXPLAINER: Why Gachagua Can Still Run For President Despite Court Ruling
