Former Deputy President Rigathi Gachagua is fast becoming an expert in shifting goalposts every time he has scheduled for “major” political announcement approaches.

In the process, he has become a master in creating suspense, especially among his supporters, who are anxiously waiting for the promised bombshells.

From postponing the announcement of his political party to flirting with prospective presidential candidates with promises to donate the Mt Kenya region constituency to Azimio leader Raila Odinga, he he has at the same time hinted that he was open to campaign for Wiper leader Kalonzo Musyoka for President to declaring that nothing prevents him from running for Presidency, Gachagua ‘s gamble increasingly becoming difficult to predict.

On Monday, the former deputy president hailed Raila for his contributions to democracy and governance and said he would rally his Mt Kenya backyard in his to support Ruto should he declare his bid for presidency.

“To be fair to Raila, I think he has risen above the position of prime minister. The man has wanted to be president five times and wanted to be the African Union Commission chairperson. I think taking him back to the position of prime minister is a bit demeaning. His candidacy would be exciting because Raila already has 6.8 million votes. We only beat him by 200,000 votes. If we agree to support him – I have looked at his voting patterns and he votes between 10 and 11am – he will be president before he votes,” he said in an interview with KTN.

 In yet another contradiction, Gachagua has postponed announcing his party three times, claiming it was due to strategic reasons in a move that has left his supporters confused as he had set the date for his ‘major announcement’.

His party, whose chairperson would be from Kajiado, organising secretary from Machakos, deputy party leader from Kakamega and treasurer from Kuria was ready but could not announce it for fear of sabotage by the government mandarins.

He first told his supporters that he would announce his political vehicle by December last year, then January this year, February and later May this year.

His allies said Gachagua was initially focused on forming a regional party to concentrate on Mt Kenya region but after leaders from other communities declared interests to join his political movement, he shelved his idea and started engaging representatives with the aim of forming a party with a national outlook, hence the delay.

In what appears to be a sign of shifting goalposts, Gachagua last year hinted of a political alliance between him and Kalonzo, saying the Wiper leader had proven to be a friend of the mountain in difficult times and, as such, the mountain shall return the favour at the right time.

He said the mountain owes Kalonzo a debt for supporting the late President Mwai Kibaki, and 2027 is the time to pay the debt and added that his political dues in the mountain had grown with interest, starting from his time as Kibaki’s vice president, and that Kalonzo had proven his unwavering loyalty to the people of Mt. Kenya when it mattered the most.

“Kalonzo stood with the third President the late Mwai Kibaki and we shall honour the debt, we must now consolidate votes in one basket.” He said then.

In an interview with Kamba vernacular stations three days ago, he said his impeachment did not prevent him from vying for the President stressing that his priority was to have a Presidential candidate from Mt Kenya region, appeal for support from other Kenyans and that if they later find it was not feasible, support other like minded Presidential contenders.

Citing the Constitution, Gachagua maintained that he was allowed to seek an elective position as long as he had not exhausted all channels available for appeal.

 “The Constitution is very clear; nobody will stop you from vying because you have an ongoing case in court. What the law says is that the right to vie for elective office is absolute as long as you have not exhausted the mechanisms available to seek remedy. We are only in the high court,” Gachagua said in an interview.

Legal experts seemed to support Gachagua’s saying he had ‘a small window,’ which will however depend on whether the courts will have pronounced themselves on his impeachment case.

Constitutional expert Kamotho Waiganjo said “If he doesn’t manage to set aside the impeachment resolution through the court process, he cannot be elected or appointed to public office.

That constitutional position was settled by the Supreme Court in the Sonko and Waititu cases. However, he may have a small window because that bar to public office by reason of impeachment applies if his challenge of the impeachment will have been exhausted in the courts, including the Supreme Court. If the appeals are still pending, there may be an opening. 

 Shadrack Wambui, an advocate of the High Court shared a similar legal opinion, saying ‘Gachagua will be deemed to have been fully impeached when he exhausts all the appeal avenues which will include the Supreme court. Sonko’s fate was sealed by the Supreme Court pronouncing itself over his impeachment.”

A three-judge bench in February 2022 upheld Waititu’s impeachment and declared he was unfit to hold public office.

According to Wambui article 193 (3) of the Constitution which reads “A person is not disqualified under clause (2) unless all possibility of appeal or review of the relevant sentence or decision has been exhausted” protected Gachagua’s quest for any elective post in the country.

Reacting to Gachagua’s moving target, Dr Kamau Wairuroi said “Gachagua is only perfecting the art of politics, he seems strategic to play a role in uniting the Opposition to come up with a formidable candidate against Ruto fully aware that if Kalonzo and Raila were to vie, it would be to Ruto’s advantage.”