Lilian Nyiva
Nairobi, Kenya – Law Society of Kenya (LSK) President Charles Kanjama has stated that former Deputy President Rigathi Gachagua remains eligible to contest for public office until the Supreme Court issues a final determination on his impeachment case.
Speaking after the High Court upheld Gachagua's impeachment, Kanjama argued that the legal process is not yet complete because the matter is expected to proceed through the appellate courts. He cited Article 99(3) of the Constitution, which he interprets as allowing a person removed from office to continue pursuing elective office until all avenues of appeal have been exhausted.
According to Kanjama, the High Court judgment left unresolved questions regarding the full consequences of the impeachment. He noted that while the court upheld the removal from office, it also found that Gachagua's right to a fair hearing had been violated during the Senate proceedings. The court awarded him KSh50 million in damages but declined to overturn the impeachment.
Kanjama said the judgment created legal uncertainty over whether all the effects of the impeachment, including any potential disqualification from future elections, should remain in force after the finding that constitutional rights had been violated. He argued that the ruling was not explicit on the issue and would require further clarification by higher courts.
Appeal expected to clarify the matter
"The matter is far from settled," Kanjama said, adding that the Court of Appeal and potentially the Supreme Court will have an opportunity to provide a definitive interpretation of the law. He maintained that Gachagua's right to seek elective office remains intact until the Supreme Court reaches a final decision.
Gachagua has already moved to challenge the High Court ruling, with his legal team confirming that a notice of appeal has been filed. The appeal is expected to focus on the court's decision to uphold the impeachment despite finding that his constitutional right to a fair hearing had been infringed.
The High Court's ruling has sparked debate within legal and political circles, with several lawyers questioning whether an impeachment can stand after a court finds a violation of fundamental fair-hearing rights. The Court of Appeal is now expected to examine those issues as the case progresses through the judicial system.
