Of course he can but that doesn't mean he is going to do it, he didn't do it against Gaara nor Kimmimaro because he wanted to analyze their abilities first. He knows nothing about Kabuto so he wouldn't start off with the gates.
He does not analyze in any fight he does not start off with them because he uses them for a last resort because they hurt his body...an useing the gates will most likely force chakara threw his body if kabuto shuts them off or what ever...
So like I said he can use them at any mOment.