Former Deputy President Rigathi Gachagua has declared that his impeachment will not deter him from contesting the presidency in 2027, citing constitutional provisions that he believes permit him to seek office while his legal challenges remain unresolved.
In an exclusive interview aired on Weru TV on Sunday, April 27, 2025, Gachagua asserted that Kenya’s laws allow individuals facing criminal or impeachment-related proceedings to run for elective office, provided their cases have not been conclusively decided by the nation’s highest court.
He referenced the case of Sirisia Member of Parliament John Waluke, who contested and won reelection while appealing a conviction that initially handed him a 74-year prison sentence.
“Sheria inasema ya Kenya ya kwamba uko na haki ya kupigania kiti kama uko na kesi kotini na haijakamilika mbaka Supreme Court. John Waluke alifungwa 74 years. Akiwa amefungwa akaachiliwa na bond akasimama kiti ya Sirisia akapita akaendelea. Court of Appeal imemuondolea kesi. Kama sasa angekatazwa kusimama kwa sababu alikua na kesi alafu court of Appeal imuondolee kesi si angekua amenyimwa haki yake?,” Gachagua said.
Emphasising his intention to follow a similar path, Gachagua affirmed that he would proceed with his presidential campaign while his impeachment is contested in court.
“Kwa hivyo sheria yetu inasema kama huja exhaust the legal mechanism you are free to vie for any office. Kesi ya Rigathi Gachagua ata haijaanza, itaenda High Court kama haitaenda vile ninataka ama vile serikali inataka iende Court of Appeal. Kama haiendi vizuri tuende mbaka Supreme Court. Kabla haijamalizika na Supreme Court, Rigathi Gachagua atapigania kiti ya urais na atashinda na kura mingi sana,” Gachagua declared.
In a revealing glimpse into the opposition’s 2027 strategy, Gachagua disclosed that the current field of aspirants, which includes figures such as Martha Karua, Kalonzo Musyoka, Fred Matiang’i, and Eugene Wamalwa, would ultimately coalesce around a single candidate to challenge President William Ruto.
“Kila mtu anataka. Mimi napigania kiti cha urais, Martha Karua anapigania kiti cha urais, Kalonzo anapigania kiti cha urais, Matiang’i anapigania kiti cha urais, Eugene Wamalwa anapigania kiti cha urais na tunaendelea kutafuta kura. Pale mwisho tutaongea na sisi tutasikizana tutaachia mtu mmoja,” Gachagua disclosed.
Should he not secure the opposition’s nomination, Gachagua pledged to back whichever candidate is chosen.
“[Wasiponipea] hakuna shida ntaunga mtu mwingine mkono. Lazima huyu mujamaa [President Ruto] aende nyumbani,” he said.
Gachagua painted an optimistic picture of the opposition’s electoral strategy, suggesting that the coalition’s meticulous vote-counting and resource mobilisation efforts would deliver a resounding first-round victory.
“Pale mwisho tutaketi chini na tutaweka hesabu kwa meza – wewe Rigathi umekuja na nini? Wewe Kalonzo umekuja na nini? Formula iko mzuri. Tukija round one na 70 plus one, sisi tunataka 70 plus one,” he claimed.
Historic impeachment
Gachagua’s impeachment on October 17, 2024, marked an unprecedented moment in Kenya’s political history, becoming the first time a sitting Deputy President was removed from office under the 2010 Constitution.
The Senate upheld five of 11 charges against him, including corruption, incitement of ethnic divisions, and insubordination against President Ruto’s administration.
The process began with a sweeping vote in the National Assembly, where 281 members supported the motion for his removal.
Throughout the Senate trial, Gachagua denied all charges against him.
However, he was hospitalised for chest pains before cross-examination could proceed.
Despite his absence, the Senate concluded the hearings and voted to remove him.
Following the impeachment, Gachagua filed a legal challenge, arguing that due process was not followed.
The High Court dismissed his petition earlier this year, but the former deputy president has since filed appeals, with the case now expected to move through the appellate courts and, ultimately, to the Supreme Court.
Constitutional roadblocks ahead
If Rigathi Gachagua’s impeachment is upheld by the courts before 2027, he will be barred from running for president in the forthcoming polls or from holding any other elective or appointive public office.
This is because Kenya’s Constitution, specifically under Chapter Six on Leadership and Integrity, sets very high standards for those seeking public office.
An impeachment, once finalised and validated by the courts, triggers Article 75(3) of the Constitution, which states:
“A person who has been removed from office for a violation of the Constitution or any other law is disqualified from holding any other State office.”
Additionally, Article 99(2)(h) (for MPs) and Article 193(2)(g) (for MCAs) mention that a person is disqualified from running for office if they have been removed from office through impeachment.
By extension, the same principles apply to someone seeking the Presidency under Article 137, which demands that a presidential candidate meets all integrity and eligibility standards, including not being barred under any law.
Simply put that if Gachagua’s impeachment is confirmed by the courts, he loses his eligibility to vie for any public office, including president.
However, as long as he challenges the impeachment through appeals (High Court → Court of Appeal → Supreme Court), he can still run until the very final ruling is made.
If the courts ultimately clear him, he regains full political rights. If they uphold the impeachment, he is locked out completely.
Martin Oduor
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