Speaking during a live interview on Citizen TV’s JKLive, the Senior Counsel asserted that despite the High Court upholding Gachagua's October 2024 impeachment, the specific findings of the three-judge bench have inadvertently cleared a direct path for him to run in the 2027 general elections.
Havi boldly announced that because the court officially ruled that Gachagua's fundamental constitutional rights were violated during the Senate trial, his political future remains fully intact meaning he is eligible to contest for office whether or not he chooses to pursue a lengthy appeal process.
In their 350-page verdict, the judges upheld the Senate's decision to remove Gachagua from office but simultaneously found that senators flatly violated Article 50 of the Constitution by refusing to grant his legal team a short adjournment when he was suddenly hospitalized on medical grounds.
To remedy this monumental breach of a fair hearing, the court awarded Gachagua a historic KSh 50 million in constitutional damages.
However, the bench declined to reinstate him, arguing that reversing the impeachment after the subsequent appointment of Deputy President Kithure Kindiki would trigger a catastrophic constitutional crisis by leaving Kenya with two parallel Deputy Presidents.
The judgment has triggered massive ripples of criticism across the legal fraternity, with many experts questioning the consistency of upholding an outcome born from an unconstitutional process.
Legal analysts argue that if the foundational right to a fair hearing was structurally breached, the entire impeachment should have collapsed into a nullity.
Gachagua himself fiercely rejected the KSh 50 million award, labeling it an absolute insult to his rights and a mockery of the supreme law of the land.
He colorfully likened the court's convoluted logic to a man who is wrongly thrown into prison while another man moves into his house and takes his wife only for a judge to acknowledge the error but order the innocent man to stay locked up while handing him cash compensation.
The critical focus now shifts to the strict disqualifications under Article 99(3) of the Constitution, which traditionally bars any individual removed from public office via impeachment from ever contesting an election again.
Legal scholars point out that the High Court's failure to explicitly address this future ban has created a massive grey area.
According to Havi, the official judicial declaration of a fair trial violation serves as an armor that completely shields the leader from being disqualified by the Independent Electoral and Boundaries Commission (IEBC).
As Gachagua’s legal team prepares to move to the Court of Appeal to contest the core impeachment ruling, the Democracy for Citizens Party (DCP) leader has successfully secured a powerful narrative: he remains an unstoppable political force who can take his fight directly to the ballot box.
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