Gachagua can vie in 2027 elections whether he appeals or not - Nelson Havi

Speaking during an interview on Citizen TV's JKLive, Havi said the ruling, despite upholding impeachment, leaves room for Gachagua to remain politically active until he exhausts all avenues of appeal.

“With this decision by the three judges confirming that there was a violation of Gachagua’s rights, the logical conclusion is that he, even as we speak now, may run if he wants to appeal or not," Havi stated. 

"In addition to that, until such a time that he has exhausted his last avenue of redress, which is the Supreme Court, between now and the Supreme Court’s decision, he is eligible."

Senior Counsel Abdikadir Mohamed, a constitutional lawyer, echoed similar sentiments, citing that the former Deputy President may run for any office as long as he has an active appeal case. 

“You are innocent until proven guilty. So, when do you get proven guilty? When we have exhausted all the appeals. You can run so long as there is an active appeal in place. Remember, President Ruto and former President Uhuru were facing indictment at the ICC when they were cleared for nomination,” Mohamed noted. 

Both lawyers referenced Article 99(3) of the Constitution of Kenya, which outlines the qualifications for election to public office.

"A person is not disqualified under clause (2) unless all possibilities of appeal or review of the relevant sentence or decision have been exhausted," the Article states. 

The legal experts’ remarks come in the wake of a High Court ruling that upheld Gachagua’s impeachment.

However, the three-judge bench also found that the Senate violated his constitutional right to a fair hearing and awarded him Ksh.50 million in damages, which Gachagua later declined, describing it as “an insult.”

The court further noted that while the impeachment process stood, reversing it after the lawful appointment of Deputy President Kithure Kindiki would create a dangerous constitutional situation in which two individuals could simultaneously claim the same office.