NAIROBI, Kenya, Aug 24 – Former Deputy President Rigathi Gachagua has vowed to defend his right to contest the presidency in the 2027 General Election, maintaining that his impeachment does not automatically bar him from seeking elective office while his legal challenges remain pending.
Gachagua spoke as opposition parties gathered at a Windsor event to sign a unity pledge ahead of the 2027 elections, with DCP Deputy Leader Clephas Malala attending in his place.
The development underscored a growing tension between Gachagua’s insistence on preserving his presidential ambitions and efforts by opposition parties to forge a common front against President William Ruto.
Gachagua said he would pursue his case through the Court of Appeal and, if necessary, the Supreme Court, maintaining that the Constitution requires all available legal remedies to be exhausted before an individual facing integrity-related questions can be disqualified from running for office.
“Let nobody tell you that because I was removed from office, I cannot run,” Gachagua said on Monday, arguing that the relevant provisions of the Constitution must be read together.
The Democracy for Citizens Party leader was speaking as he defended his presidential ambitions while intensifying his opposition to President William Ruto and positioning himself as a potential candidate in the 2027 race.
His remarks come days after he filed an appeal challenging the High Court judgment that upheld his impeachment while finding that his right to a fair hearing had been violated during the Senate proceedings.
The High Court, in a June 8 judgment, upheld the impeachment but awarded Gachagua Sh50 million in constitutional damages after finding that the Senate had infringed his fair hearing rights by proceeding without granting him an adjournment while he was unwell.
The former Deputy President has now taken the fight to the Court of Appeal, arguing that the finding of a constitutional violation should have had consequences for the validity of his removal from office.
Gachagua said he was confident the appellate court would overturn what he described as an “absurd” outcome in which the High Court found that his rights had been violated but allowed the outcome of the process to stand.
“The High Court pronounced itself that I was taken through an unfair process and I did not get the right to fair hearing. Then the same court allows the product of an unconstitutional process to stand is what you call a constitutional absurdity,” he said.
He maintained that he had another avenue before the Supreme Court if the Court of Appeal ruled against him.
“We are in court in the Court of Appeal. We believe the Court of Appeal will give justice to Gachagua’s supporters. In the unfortunate event that they also pronounce themselves in an absurd manner like the High Court, we still have another chance at the Supreme Court. In the meantime, we are preparing for elections,” he said.
Gachagua’s interpretation of the law has received backing from senior lawyers, although the question of his eligibility is likely to remain a subject of legal contest as the 2027 elections approach.
Law Society of Kenya President Charles Kanjama has argued that Gachagua remains eligible to contest for public office while the appeal process is ongoing, citing Article 99(3) of the Constitution.
Senior Counsel Nelson Havi has similarly argued that Gachagua can remain eligible until he exhausts the available avenues of redress, including an appeal to the Supreme Court.
The High Court did not, however, overturn the Senate’s impeachment. The three-judge bench held that the removal could not be reversed after the process was completed and Gachagua’s successor, Kithure Kindiki, was lawfully appointed.
‘Gachagua is king’
Gachagua also rejected attempts by sections of the opposition to portray him as a political “kingmaker” whose primary role should be to help unite the opposition before backing another presidential candidate.
He said he had seen supporters of his political allies making the argument on social media and other public platforms.
“Many people, including supporters of my colleagues in the United opposition, I have seen them on social media and in public platforms advancing a ridiculous proposition: that his work is to remove William Ruto and give leadership to others,” he said.
Gachagua said his political ambitions went beyond helping another politician defeat Ruto.
“Rigathi is not a kingmaker. Gachagua is king,” he said.
The declaration further underlines the former Deputy President’s intention to remain a principal player in the opposition’s efforts to challenge Ruto in 2027 rather than automatically surrender his presidential ambitions in favour of another candidate.
Gachagua has previously said he would be willing to work with other opposition leaders to produce a single candidate to challenge Ruto, but has maintained that he could himself be considered for the position.
His latest remarks come at a critical stage in the opposition’s attempts to build a united front ahead of the 2027 elections.
The former Deputy President has increasingly presented himself as an alternative to the Ruto administration, accusing the government of failing to meet its promises while mobilising support across different parts of the country.
‘I have nothing personal against Ruto’
Gachagua also sought to explain his increasingly aggressive opposition to President Ruto, insisting that his campaign to mobilise Kenyans against the administration was not driven by personal bitterness following his impeachment.
He said his opposition was motivated by what he described as poor governance and his desire to see the country under better leadership.
“I am not mobilizing Kenyans to remove William Ruto as president because of bitterness. No. It’s my desire to have a good country,” he said.
Gachagua described himself as a patriot seeking to use his political influence for what he considers the country’s benefit.
“I have nothing personal against William R. I have everything against what he stands for and what he does. I want good leadership in this country. And I’m offering myself for that position of president,” he said.
He defended his record against the allegations that led to his impeachment, arguing that he had committed no offence that should prevent him from seeking the presidency.
“Gachagua has killed nobody. He has raped nobody. He has displaced nobody,” he said.
He attributed his removal from office to his political positions, including his defence of young Kenyans involved in the Gen Z protests and his criticism of what he termed corruption and forced evictions.
“All he has done—he has been punished because of standing with the people of Kenya. Because of saying Gen Zs are not criminals. Because of saying we should not steal from the people of Kenya. Because of saying people should not be evicted,” he said.
His legal battle over the impeachment now adds another dimension to the 2027 contest, with the outcome of the Court of Appeal and potentially the Supreme Court expected to have a direct bearing on his eligibility.
For now, Gachagua insists he will continue preparing for the election while pursuing his legal challenge, setting the stage for a political and constitutional battle that could shape the opposition’s strategy ahead of the August 2027 polls.
