Gachagua impeachment: What is at stake in Monday’s ruling?
By Martin Oduor, June 8, 2026A ruling by the Milimani Law Courts in Nairobi on the impeachment of former Deputy President Rigathi Gachagua is expected to have far-reaching political and legal implications for his future.
At the centre of the case are questions about the legality of Gachagua’s removal from office, the validity of the Senate process, and what the outcome could mean for his future in public life and Kenya’s broader political landscape.
A high-profile three-judge bench comprising Justices Eric Ogolla, Anthony Mrima and Freda Mugambi convened on Monday, June 8, 2026, to deliver a definitive ruling on the consolidated petitions challenging Gachagua’s dramatic ouster.
Gachagua was removed from office following a swift, turbulent impeachment process that transfixed the nation.
While the swift political currents have already swept his successor, Kithure Kindiki, into the second-highest office in the land, Monday’s judicial intervention is far from academic.
The ruling carries profound consequences for Kenya’s political future, its legal precedents, and the stability of the ruling coalition.
A ticket to 2027
Foremost among the stakes is Gachagua’s own political survival.
Under Chapter Six of the Kenyan Constitution, which establishes rigid and unforgiving standards for leadership and integrity, any state officer who is successfully removed from office via impeachment is permanently disqualified from holding public office for life.
For an ambitious politician who only recently sat a heartbeat away from the presidency, the confirmation of his impeachment would represent an absolute political death sentence.
Should the three-judge bench rule against him, Gachagua will be legally barred from contesting the presidency or any other elective seat in the upcoming August 2027 general elections.
He would furthermore be prevented from holding any state-appointed positions, such as a Cabinet secretary or ambassador.
If the three-judge bench rules against him today, Gachagua’s team is expected to immediately move to the Court of Appeal, and if necessary, all the way to the Supreme Court.
However, if the Supreme Court still rules against him, it would be game over, as was the case with former Nairobi governor Mike Sonko.
When Sonko tried to run for governor of Mombasa after being impeached in Nairobi, his legal team argued that the ban shouldn’t be permanent or block him from running in different counties.
The Supreme Court completely shut down that argument, writing: “Chapter Six of the Constitution was not enacted in vain or for cosmetic reasons. The authority assigned to a State officer is a public trust…”
The Apex Court clarified that once you fail the integrity test and are legally removed via impeachment, you automatically and permanently lose the capacity to satisfy the Chapter Six integrity requirements.
Notably, Gachagua can still exploit a legal loophole and vie for president in 2027.
If his appeals are not exhausted before the 2027 elections, Gachagua can still technically run for Kenya’s highest office.
As long as an active appeal is lodged and the matter is deemed sub judice (actively under judicial consideration), Gachagua’s lawyers can argue that his constitutional right to vie under Article 38 remains intact until the Supreme Court delivers a definitive final verdict.
In the event of a favourable ruling clearing Gachagua of the constitutional implications of his impeachment, his political standing would be immediately restored, potentially positioning him as a strong opposition contender for president.
Millions in benefits
Beyond the grand existential questions of political survival lies an intensely practical financial dispute.
Having formally abandoned his legal quest to be physically reinstated into the office of the Deputy President, Gachagua’s legal crusade is now focused squarely on compensation and vindication.
If the court determines that the impeachment process violated constitutional mandates, the state could be ordered to grant Gachagua the extensive financial compensation and retirement packages accrued during his tenure and due for the remainder of his five-year term.
Under Kenyan law, a legally retired deputy president is entitled to a generous lifelong pension, health insurance cover, state-funded security details, and a fully staffed office – perks that are entirely forfeited if an official is deemed lawfully removed for gross misconduct.
The 2027 strategy
Whether or not the courts ultimately grant him a lifeline, Gachagua has already begun building a contingency plan designed to punish his former ally turned bitter political rival, President William Ruto.
The former deputy president’s allies quickly orchestrated the registration of a new political vehicle, the Democracy for Citizens Party (DCP).
Even if the judiciary enforces a lifetime ban on his personal candidacy, Gachagua remains a highly influential regional kingpin.
By positioning himself as a political martyr who was discarded by the administration after delivering the critical Mt Kenya voting bloc to Ruto in 2022, he could effectively wield the DCP to unite the region’s voters against the current government.
In a country where ethnic coalitions dictate electoral outcomes, an alienated Mt Kenya could fracture Ruto’s re-election machinery beyond repair.
Monday’s ruling is merely the opening salvo in a judicial marathon that is widely expected to culminate at the Supreme Court.