Constitutional law scholar Prof. Makau Mutua has asserted that former Deputy President Rigathi Gachagua is barred from contesting for any public office in Kenya following the High Court ruling that upheld his impeachment.
In a statement shared on his X account on Wednesday, June 10, 2026, Mutua maintained that the court's decision effectively disqualifies Gachagua from seeking any elective position, including the presidency and even a Member of County Assembly (MCA) seat.
“Gachagua is INELIGIBLE to run for ANY public office in Kenya, including that of an MCA, no matter what he says,” Mutua stated.
His remarks come amid growing debate over the legal and political implications of the landmark judgment delivered by the High Court on June 8, 2026.
The ruling upheld Gachagua’s impeachment while also finding that his right to a fair hearing had been violated during the Senate proceedings, leading to an award of KSh50 million in constitutional damages.
Despite the judgment, Gachagua has insisted that he remains eligible to contest for the presidency in the 2027 General Election.
Speaking during a press conference on June 9, 2026, the Democracy for Citizens Party (DCP) leader reassured his supporters that the impeachment does not prevent him from seeking elective office.
“I wish to assure my supporters across the country that I am eligible to vie as a presidential candidate, and I hope to be on the ballot on August 10, 2027, should the formula agreed upon by the United Alternative Government favour me as a single presidential candidate,” Gachagua said.
The former Deputy President expressed confidence that the legal process is not yet concluded and has already announced plans to challenge the High Court decision at the Court of Appeal.
The disagreement between Mutua’s interpretation and Gachagua’s position reflects the broader uncertainty that has emerged following the court ruling.
Legal experts remain divided on whether the finding that Gachagua’s constitutional rights were violated affects the legal consequences of the impeachment, including any potential disqualification from future public office.
The three-judge bench comprising Justices Eric Ogola, Freda Mugambi, and Antony Murima ruled that Parliament followed the constitutional process required to remove Gachagua from office.
“The prayers seeking to quash Gachagua’s impeachment are hereby declined,” the bench ruled.
However, the judges also found that aspects of the Senate proceedings infringed on Gachagua’s right to a fair hearing, a finding that has generated competing legal interpretations regarding his future political eligibility.
With Gachagua expected to appeal and legal analysts offering differing views, the Court of Appeal is likely to play a decisive role in clarifying whether the impeachment permanently bars him from seeking public office and what consequences flow from a process found to have violated constitutional rights.
