The Lower Eastern Times Opening The Third Eye
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Law Society of Kenya (LSK) President Charles Kanjama has maintained that former Deputy President Rigathi Gachagua remains eligible to contest for public office, arguing that the legal process surrounding his impeachment has not been fully concluded.
Kanjama said that under Articles 73, 75, and 99 of the Constitution—particularly Article 99(3)—a person removed from office for violating Chapter Six is only disqualified from holding elective office after all appeal options have been exhausted.
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He pointed out that Gachagua has already challenged the High Court ruling and secured partial findings in his favour, with the court noting that his right to a fair hearing was violated during Senate proceedings.
According to Kanjama, the legal effects of the impeachment remain uncertain until the Court of Appeal and potentially the Supreme Court make final determinations.
He argued that a strict reading of the Constitution suggests that eligibility to vie for office remains intact until the highest court confirms the impeachment outcome.
Kanjama also said the High Court did not clearly address whether all consequences of impeachment—including political restrictions—should continue to apply following its findings on procedural fairness.
He added that while the court upheld the impeachment itself, it left ambiguity over whether all resulting penalties, including restrictions on holding elective office, remain valid.
In his view, the judgment creates uncertainty because it confirmed violations of fair hearing rights but did not clearly state how that affects the full implications of impeachment.
Meanwhile, Gachagua has already moved to the Court of Appeal, with his legal team filing a notice of appeal shortly after the High Court ruling that upheld his removal from office.
A three-judge bench had earlier dismissed his petition, finding that Parliament and the Senate followed constitutional procedures and gave him adequate opportunity to defend himself.
Following the ruling, lawyer Njeri Maina requested certified copies of proceedings and the judgment to support the appeal, saying the documents were necessary for all petitioners involved and urging expedited preparation to proceed with the next legal step.
