By The Weekly Vision Reporter
In a directive with far-reaching implications for Kenya’s political landscape, the Supreme Court has asked Attorney-General Dorcas Oduor to provide legal advice on a critical constitutional question: whether impeached State officers can contest elective positions while their removal from office remains the subject of ongoing court proceedings.
The matter is of profound political significance as the country prepares for the 2027 General Election. It directly affects the eligibility of several high-profile figures, most notably former Deputy President Rigathi Gachagua, whose impeachment last year continues to shape Kenya’s political discourse.
At the heart of the case is the interpretation of constitutional provisions governing impeachment, eligibility for elective office and the rights of individuals whose cases remain before the courts. Lawyers representing impeached officials argue that preventing them from contesting elections while their appeals are pending would violate their constitutional rights.
Opponents, however, contend that impeachment is a serious parliamentary sanction that should carry immediate consequences, including disqualification from seeking elective office. While the Supreme Court has not yet issued a final determination, it has directed the Attorney-General to submit a comprehensive legal opinion to assist the court in reaching its decision.
The timing could hardly be more significant. With less than a year before the next General Election, clarity on the issue could determine whether several prominent politicians who have been impeached, or who are facing similar proceedings, will be eligible to seek office.
Rigathi Gachagua, a central figure in the ongoing political contest for influence in the Mt Kenya region, could benefit significantly if the court rules in favour of impeached officials. His Democracy for the Citizens Party (DCP) has already demonstrated growing political strength in recent by-elections, including its victory in the Ol Kalou parliamentary contest. Other leaders, including former governors and senators who have been removed through impeachment, are also closely watching the outcome.
Political analysts say a ruling permitting impeached officials to contest elections could reshape political alliances, particularly in the Mt Kenya region, where rivalry between supporters of President William Ruto and Gachagua’s allies continues to intensify.
Conversely, a restrictive ruling could strengthen the ruling Kenya Kwanza coalition by excluding some of its most influential political rivals from the 2027 electoral contest.
The development comes amid heightened political activity following the recent Ol Kalou parliamentary by-election, in which an opposition-backed candidate dealt a significant blow to the ruling party. It also coincides with broader constitutional debates, including the implementation of the two-thirds gender rule in the Cabinet and ongoing discussions on electoral reforms.
The Attorney-General’s opinion is expected in the coming weeks, after which the Supreme Court is likely to deliver its definitive judgment. Legal experts describe the case as a crucial test of Kenya’s constitutional democracy, balancing accountability for public officials with the protection of political rights and the principles of free and fair electoral competition.
As political parties intensify preparations for the 2027 General Election, the Supreme Court’s directive has introduced another layer of uncertainty and strategic calculation into an already complex political landscape.
