Karua defends Gachagua's eligibility to contest presidency

People's Liberation Party leader Martha Karua has said former Deputy President Rigathi Gachagua remains eligible to contest for political office so long as he pursues the appeal process challenging his impeachment.

Speaking during an interview on Citizen TV's Sunday Live show, Karua argued that a notice of appeal preserves a person's eligibility until all legal avenues have been exhausted.

"So long as he has given a notice of appeal, you can't take away eligibility," Karua said.

Her remarks come amid debate over whether Gachagua's impeachment bars him from seeking elective office, including the presidency, in the 2027 General Election.

Karua drew parallels with President William Ruto and former President Uhuru Kenyatta, who ran for office in 2013 while facing charges before the International Criminal Court (ICC) in The Hague.

"How did Ruto and Uhuru run for president when they were facing Hague charges?" she posed.

According to Karua, the law allows an individual to remain eligible for office until all appeals have been determined.

"If he appeals as he has already indicated, then until he exhausts, who knows, the appeal may find in his favour," she said.

She added that a person only becomes ineligible after failing to appeal or after exhausting the appellate process.

"Before one exhausts the appeal, if he doesn't appeal, then he will become ineligible, but if he appeals like he has already indicated, then until he exhausts, and who knows, the appeal may find in his favour," Karua said.

Asked whether Gachagua is currently eligible to run for president, Karua maintained that the position adopted by institutions has generally been that eligibility remains until legal processes are concluded.

I'm not his legal adviser, but I'm saying the position the courts and the IEBC have adopted is that so long as you have not exhausted the process of the law," she said.

Gachagua has previously indicated his intention to challenge his impeachment through the courts, a move that could have implications for his political future ahead of the 2027 elections.

Karua also said the legal battle surrounding the former Deputy President's impeachment underscores the need for institutions to strictly adhere to due process.

"It means that Parliament has to be very careful to follow due process," she said.

She noted that while Parliament is independent in making decisions, those actions remain subject to judicial scrutiny.

"Even when you say that Parliament is independent, they are independent in making decisions, but once they make it, it can be scrutinised and audited by the courts," she said.

Karua added that the same principle applies across government institutions, including the Presidency, whose actions can be invalidated or affirmed by courts of law.

On June 8, Gachagua moved to challenge the High Court's judgement on his impeachment, with his legal team informing the court that a notice of appeal has already been filed.

This was after a three-judge bench dismissed Gachagua's petition challenging his ouster, finding that both the National Assembly and the Senate followed the law and afforded him an adequate opportunity to defend himself against the charges.