Lawyer Peter Wanyama has argued that former Deputy President Rigathi Gachagua remains constitutionally eligible to contest the presidency despite a setback in the High Court in his impeachment case.

Taking to his official X account on Tuesday, June 9, 2026, hours after the court’s judgement on Gachagua’s impeachment, Wanyama maintained that the legal process is still ongoing and that the final determination of the former deputy president’s political future rests with the Supreme Court.

“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 stated.

According to the lawyer, while Gachagua may have encountered legal hurdles at the High Court level, the Constitution protects his political rights until all available avenues of appeal have been exhausted.

“Although he has faced setbacks at the High Court, it is important to note that until the Supreme Court upholds the decision, Rigathi Gachagua remains eligible to vie for the presidency,” he explained.

Wanyama further argued that Kenyan constitutional law does not automatically disqualify a candidate from elective office before the completion of the entire judicial process.

“According to the Constitution, a person is not disqualified from running for election unless all avenues for appeal have been exhausted,” he added.

The lawyer cautioned both supporters and critics of Gachagua against drawing premature conclusions from the High Court ruling, insisting that the legal battle is far from over.

“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,” Wanyama said.

Gachagua impeachment case ruling

The remarks come amid heightened political and legal debate surrounding Gachagua’s impeachment case, which has emerged as one of the most consequential constitutional disputes in recent years.

The High Court on Monday, June 8, 2026, upheld the impeachment of Gachagua but awarded him Ksh50 million in damages, finding that senators violated his right to a fair hearing during the proceedings.

In a judgement delivered at night, the court ruled that while the impeachment itself met the constitutional threshold and would stand, aspects of the process fell short of fair trial standards guaranteed under the Constitution.

The bench found that members of the Senate proceeded with hearings despite requests for an adjournment on medical grounds, concluding that the refusal to pause proceedings amounted to a violation of Gachagua’s right to a fair hearing.

The court said that although Parliament has broad constitutional authority to oversee and remove state officers, that power must be exercised in accordance with due process protections, including the right of an accused official to participate adequately in proceedings affecting their office and rights.

Gachagua to appeal the impeachment case judgement

Gachagua’s camp is expected to continue pursuing legal remedies as the matter advances through the appellate process.

Kirinyaga Woman Representative and lawyer Njeri Maina described the High Court’s decision to uphold the impeachment of Gachagua as “gravely disappointing”, saying the legal team will challenge the judgement at the Court of Appeal.

Speaking to journalists outside Milimani Law Courts shortly after the ruling on Monday, June 8, 2026, Maina said Gachagua had accepted the outcome peacefully and urged his supporters to remain calm as the legal process continues.

“He’s a peace-loving Kenyan,” she said. “He has called upon all his supporters to take whatever outcome of today’s judgment, knowing that we shall proceed to the Court of Appeal and maintain peace and order so that we can give our institutions sufficient time to interrogate this judgment today.”

The ruling was delivered by a three-judge bench comprising Justices Eric Ogola, Anthony Mrima and Freda Mugambi.