Senior Counsel and opposition leader Martha Karua has come to the defence of former Deputy President Rigathi Gachagua, maintaining that his presidential ambitions remain legally intact despite the High Court's decision to uphold his impeachment.
Speaking during a television interview, Karua argued that the filing of a notice of appeal effectively keeps the legal dispute alive, meaning Gachagua's status cannot be considered conclusively determined until the appeals process is fully exhausted.
According to Karua, constitutional rights should not be curtailed while a litigant is actively pursuing available legal remedies. She maintained that disqualifying a candidate before the completion of the judicial process would undermine the principles of fairness and due process.
To support her argument, Karua pointed to the 2013 General Election, when President William Ruto and former President Uhuru Kenyatta successfully contested for office while facing proceedings before the International Criminal Court. She said ongoing legal challenges do not automatically prevent an individual from seeking elective office.
Her remarks follow renewed debate over Gachagua's political future after the High Court upheld his impeachment from office. However, his legal team has already moved to challenge the decision through the appellate courts, setting the stage for a prolonged legal battle.
The question of whether the former deputy president can run for the country's highest office is expected to remain a major constitutional and political issue as preparations for the 2027 General Election gather momentum.
Political analysts say the outcome of the appeal could significantly influence both the legal interpretation of impeachment consequences and the broader dynamics of Kenya's next presidential race.
