Gachagua is not legible to hold office just because he will appeal.
When you are jailed and you take the case to the court of appeal, do they allow you to go home?
NO. The judgement stands until it is reverted. So Gachagua as it stands is impeached and can not hold office.
So if Rigathi Gachagua had stayed in hospital for two years, was the Senate supposed to wait indefinitely to avoid violating his right to a fair hearing?