Murang’a Senator Joe Nyutu has maintained that former Deputy President Rigathi Gachagua remains constitutionally eligible to contest the presidency, insisting that ongoing legal processes have not yet been exhausted following the High Court ruling that upheld his impeachment.
Speaking during an interview with TV47 on TV47 Breakfast hosted by Fred Indimuli on June 9, 2026, Nyutu argued that Gachagua’s political future remains open as he prepares to escalate the matter to higher courts.
“Gachagua still maintains his ambition to be President. He will move to the Court of Appeal, and if he doesn’t get a favorable judgment, he will proceed to the Supreme Court,” Nyutu said.
He further stated that the impeachment process cannot be considered final until all judicial remedies are exhausted.
“He was eligible and still is eligible because he hasn’t exhausted all the legal remedies and avenues to quash this illegal and unconstitutional impeachment,” he added.
Nyutu also questioned the validity of the High Court’s findings, pointing out that the same ruling acknowledged procedural flaws.
“The judges ruled that his right to a fair hearing was violated, which is why he was awarded Sh50 million in damages. The big question is: if the process was flawed, how can the outcome be considered valid?” he posed.
The senator’s remarks come amid intensified political debate over whether Gachagua’s impeachment permanently bars him from holding elective office or pursuing higher political ambitions.
Advocate Harrison Kinyanjui also criticized the process, describing the impeachment motion as unconstitutional and politically motivated.
He argued that key institutions acted improperly in advancing the motion through Parliament and the Judiciary.
“Mutuse’s motion to impeach Gachagua did not meet the threshold; it was dead on arrival.
However, the National Assembly and Senate chose to ignore this, as they were on a political mission to appease their “demi-god” and appoint his preferred Deputy President someone unelected, unvetted, and imposed upon the public.
Gachagua’s impeachment is a total shame, from the National Assembly to the Judiciary.” The Advocate of the High Court noted.
On the other hand, Tana River Senator Danson Mungatana dismissed hopes of overturning the ruling, stating that Gachagua’s legal challenge may not succeed.
He also framed leadership as divinely determined, saying political outcomes ultimately rest beyond courts.
“Leadership is God’s business, and He will choose His own people in His own way to lead.
Gachagua, if you have not sorted your issues with God, even if you go to the highest court, nothing will happen. If it is time to go, God doesn’t negotiate with you.” Mungatana said
Despite differing opinions, the High Court ruling remains a key reference point. A three-judge bench comprising Justices Eric Ogola, Anthony Mrima, and Freda Mugambi upheld the impeachment, finding that the Senate met the constitutional threshold and that President William Ruto’s nomination of Professor Kithure Kindiki as Deputy President was valid.
However, the court faulted the Senate for violating Gachagua’s right to a fair hearing after declining adjournment requests on medical grounds, awarding him Ksh50 million in damages payable by the Senate.
