Makau Mutua: Gachagua is ineligible to run for any public office in Kenya
By Emmanuel Rono, June 10, 2026Constitutional law scholar Makau Mutua has declared that former Deputy President Rigathi Gachagua is not eligible to hold any public office in Kenya following the courts decision on his impeachment case.
Taking to his X account on Wednesday, June 10, 2026, Mutua stated that the former DP will not be cleared to contest any position, including even a Member of County Assembly (MCA) seat.
“Gachagua is INELIGIBLE to run for ANY public office in Kenya, including that of an MCA, no matter what he says,” Mutua said.
Gachagua’s take on eligibility
His remarks come just a day after Gachagua assured his voters that he is eligible to run for the presidency in the 2027 general elections despite the court’s decision.
Speaking during a press conference on June 9, 2026, Gachagua assured his supporters that he is ready to vie for the country’s top seat, insisting that the impeachment process does not bar him from seeking elective office.
He expressed confidence in his political future and urged his supporters to remain steadfast, saying he will continue engaging with Kenyans as he pursues his political ambitions.
“I wish to assure my supporters across the country that I am eligible to vie as a presidential candidate, and I hope you on the ballot on August 10, 2027, should the formula agreed upon by the United Alternative Government favour me as a single presidential candidate,” Gachagua said.
Gachagua’s case
The remarks add to the growing political debate following the court decision on Gachagua, who suffered a blow after the High Court upheld his impeachment from office.
A landmark judgement delivered by Justices Eric Ogola, Freda Mugambi, and Antony Murima on Monday, June 8, 2026, found that the Members of Parliament and Senators followed the due process for the removal of Gachagua from office.
“The prayers seeking to quash Gachagua’s impeachment are hereby declined,” the bench ruled.
The bench ruled out the claims of bias, predetermination, and conflict of interest advanced against the National Assembly and Senate speakers, members of Parliament, and senators, terming them as unsubstantiated.
The bench ruled that Gachagua’s rights were violated when the Senate refused to adjourn the proceedings after he was taken ill and instead proceeded with the impeachment process.
“We find that His Excellency Gachagua’s rights were infringed when the Senate refused to allow an adjournment.” This violation constitutes both a vindication of his rights and a recognition of the constitutional infirmity in the process, but does not undo the impeachment itself, given the finality of Article 145(7) and the constitutional absurdity that would arise from dual incumbency,” the court ruled.