Legal Loophole That Keeps Rigathi Gachagua’s Presidential Hopes Alive

Nyandarua Senator John Methu has said Democracy for Citizens Party leader and former Deputy President Rigathi Gachagua is eligible to vie for public office despite High Court upholding his 2024 impeachment.

The ruling weakened Mr. Gachagua’s ambition to run for the presidency position, but Mr. Methu too confident ahead of the 2027 General Election.

“You can only be stopped once you have exhausted all your appeal mechanisms. We are just starting,” Methu explains.

Gachagua had challenged his impeachment in the High Court and secured a partial victory after lawyers handling his case found that his right to a fair hearing had been violated during the Senate proceedings.

Judges, comprising Eric Ogola, Anthony Mrima and Dr. Freda Mugambi, upheld the legality of Gachagua’s impeachment proceedings.

While the court also awarded Mr. Gachagua Sh50 million in constitutional damages, the former Deputy President (DP) accepted the court’s decision and said in a statement that he was appealing against the judgment in its entirety, except for specific portions he agrees with.

“Take notice that Rigathi Gachagua, the 1st Petitioner herein, being dissatisfied with the decision/judgment delivered at Nairobi on the 8th day of June, 2026, intends to appeal to the Court of Appeal against the whole of the decision/judgment, save for such parts of the decision,” the statement read.

Law experts like Makau Mutua say the impeachment as per the Kenyan Constitution disqualifies Gachagua from holding public office.

Even as Senator Methu backs Gachagua, the critical question is whether he is misreading the current political wave.

President William Ruto has long accused the former Deputy President of driving tribalism and undermining national unity.

To Gachagua and his allies, the context is: if court had held that Parliament has authority to conduct impeachment proceedings, that power must align with constitutional standards of fairness and due process.

This means the former DP remains legally eligible to vie for public office, including the presidency in the 2027 elections because his appeal is still pending.