Lawyer Peter Wanyama has argued that former Deputy President Rigathi Gachagua remains constitutionally eligible to contest the presidency despite the High Court’s decision to uphold his impeachment.
In a statement shared on his X account on June 9, 2026, Wanyama maintained that the legal battle is far from over, noting that the Constitution provides sufficient safeguards and appellate mechanisms for an impeached Deputy President.
“The Constitution provides adequate safeguards, checks, and balances regarding the fate of the impeached Deputy President Rigathi Gachagua. His fate lies in the Supreme Court, not the High Court or the Court of Appeal,” Wanyama said.
He emphasized that although Gachagua suffered a setback at the High Court, the former Deputy President cannot be deemed ineligible to seek elective office until all appeal processes have been exhausted.
“Until the Supreme Court upholds the decision, Rigathi Gachagua remains eligible to vie for the presidency,” he stated.
According to Wanyama, the Constitution only disqualifies a candidate after every available avenue of appeal has been concluded.
“Therefore, for those on the opposite side, it is premature to celebrate or lament the High Court’s decision. The process is not yet complete,” he added.
His remarks came a day after the High Court upheld Gachagua’s impeachment but awarded him KSh50 million in damages after finding that senators violated his right to a fair hearing during the proceedings.
In a judgment delivered on the night of June 8, the court ruled that the constitutional threshold for impeachment had been met, allowing the removal to stand. However, the judges found fault with the process after senators rejected an adjournment request made on medical grounds.
Gachagua’s legal team has already signaled its intention to challenge the ruling.
Kirinyaga Woman Representative and lawyer Njeri Maina, who is part of the former Deputy President’s legal team, described the decision as “gravely disappointing” and confirmed that they would move to the Court of Appeal.
“We’re not here for the money. It is not about the money,” Maina said.
“It is about the integrity of the Constitution of Kenya. It is about the integrity of the processes that are undertaken by institutions that are governed by law.”
She added that neither she nor Gachagua viewed the compensation as the objective of the case.
“We came here for justice, we came here to defend the rule of law and the Constitution that Kenyans passed in 2010,” she said.
With the matter now expected to proceed through the appellate process, the former Deputy President’s camp remains confident that the final determination on his political future will ultimately rest with the Supreme Court.
