Law Society of Kenya (LSK) President Charles Kanjama has maintained that former Deputy President Rigathi Gachagua remains eligible to contest for public office despite the High Court upholding his impeachment, arguing that the appeals process must first be exhausted before any disqualification can take effect.
Speaking after the court’s ruling, Kanjama cited Article 99(3) of the Constitution, saying a person removed from office for violating Chapter Six can only be barred from seeking elective office after all avenues of appeal have been concluded.
According to Kanjama, Gachagua’s right to contest remains intact as the impeachment case is expected to proceed to the Court of Appeal and potentially the Supreme Court.”A plain reading of Article 99(3) shows that his right to vie for public office is still alive until such a time as the Supreme Court gives its final determination,” Kanjama said.
The LSK President noted that while the High Court upheld the impeachment and affirmed the appointment of a new Deputy President, it did not clearly address whether all the legal consequences arising from the impeachment should remain in force.Kanjama argued that the judges’ finding that Gachagua’s right to a fair hearing was violated during the Senate proceedings creates uncertainty over the extent to which the impeachment’s effects can be sustained.
“My interpretation is that because the court found there was a violation of the right to a fair hearing, the fruits of the impeachment cannot all be sustained. The finality of replacing the Deputy President has been upheld, but barring him from running for office again cannot automatically stand,” he said.
He further described the judgment as “fairly confusing” for failing to clearly pronounce itself on the political implications of the impeachment.The remarks came as Gachagua formally moved to the Court of Appeal to challenge the High Court decision that dismissed his petition against his removal from office.
A three-judge bench had ruled that both the National Assembly and the Senate acted within the law and afforded Gachagua sufficient opportunity to defend himself against the charges that led to his ouster.
Moments after the judgment, lawyer Njeri Maina informed the court that a notice of appeal had already been filed and requested certified copies of the proceedings and judgment on behalf of all petitioners to facilitate the appeal process.The appeal is expected to set the stage for a prolonged legal battle that could ultimately determine whether Gachagua remains eligible to seek elective office in future elections.