As of press time last night, many of the court’s rulings on Gachagua’s defense had gone against his expectations, meaning he would likely have to seek relief from the Court of Appeal.
The High Court, through a three-judge bench comprising Anthony Mrima, Eric Ogolla, and Freda Mugambi, delivered decisions on petitions arising from Gachagua’s removal from office.
The High Court’s decision on the entire impeachment case is being regarded as one of the most significant political and legal rulings in Kenya in recent decades.
One of the main issues is Gachagua’s own political future.
Chapter Six of the Kenyan Constitution clearly states that a public officer removed from office cannot hold any public office for ten years.
This would mean that Gachagua would be unable to contest the presidency or any other public office in 2027.
However, Gachagua may still seek a legal avenue to run in the 2027 election.
If he files an appeal before the election, his lawyers could argue that his constitutional right to vie for office under Article 38 should remain protected until the appeal is determined.
Gachagua himself has stated that, until the appeal is decided, he still has the opportunity to contest the presidency in the next election.
“If Gachagua is allowed to run for president, it could alter the country’s political landscape. Opposition candidates could split their votes, making it easier for President Ruto to win.
This is a scenario that could reshape the direction of politics in 2027,” says political analyst Isaac Gichuki.
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