Lawyer Nelson Havi has weighed into the growing legal debate surrounding former Deputy President Rigathi Gachagua’s political future, arguing that the High Court ruling upholding his impeachment does not automatically lock him out of future elections.
Speaking during a television interview on Wednesday, June 10, 2026, the former Law Society of Kenya (LSK) president maintained that Gachagua remains eligible to seek the presidency, even if he chooses not to immediately appeal the High Court judgment.
His remarks come days after a three-judge bench upheld Gachagua’s impeachment while simultaneously finding that his constitutional right to a fair hearing had been violated during the Senate proceedings.
The ruling has sparked intense debate among legal experts, politicians, and constitutional scholars over whether the impeachment automatically disqualifies Gachagua from holding public office in the future.
According to Havi, the court’s finding that Gachagua’s rights were violated creates legal grounds that preserve his eligibility to contest elective office.
“With this nebulous and ridiculous decision by the three judges, which confirms that there was a violation of Rigathi Gachagua’s rights, the logical conclusion is that Rigathi Gachagua, even as we speak right now, may run if he wants to, whether or not he appeals because there was a violation of his rights,” Havi argued.
The lawyer criticised the reasoning adopted by the High Court, suggesting that it is difficult to uphold an impeachment process while at the same time acknowledging constitutional violations within that process.
Havi further argued that Kenyan law provides litigants with the right to exhaust all available judicial remedies before any final legal consequences can take effect.
According to him, Gachagua’s eligibility remains intact until all avenues of appeal, including the Court of Appeal and the Supreme Court, have been fully exhausted.
“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 decision of the Supreme Court, whenever it would be, he is eligible,” Havi stated.
The former LSK president’s interpretation adds to a growing list of conflicting legal opinions following the landmark judgment.
While some constitutional experts argue that impeachment triggers disqualification from public office under the Constitution, others contend that the High Court’s finding on the violation of fair hearing rights complicates the matter and leaves room for further judicial clarification.
The debate is expected to continue as Gachagua’s legal team prepares to challenge the judgment at the Court of Appeal. The Senate has also indicated it will file a cross-appeal against the Ksh50 million constitutional damages awarded to the former Deputy President.
As the legal battle shifts to the appellate courts, the question of Gachagua’s eligibility for the 2027 General Election remains one of the most closely watched constitutional issues in Kenya’s political landscape.
