People’s Liberation Party (PLP) leader Martha Karua has said Democracy for the Citizens Party (DCP) leader Rigathi Gachagua is not barred from contesting any elective position, including the presidency, while his impeachment appeal remains pending.
Speaking during an interview with a local television station on Tuesday, July 21, 2026, Karua said the former deputy president remains eligible because the legal process surrounding his removal from office has not been exhausted.
“I find the advisory by the court a bit curious because the position as of now, as long as you have an appeal pending and your matter has not exhausted the chain of justice or hierarchy, you can vie,” Karua said.
Her remarks come after the Supreme Court directed Attorney-General Dorcas Oduor to provide guidance on whether leaders removed from office through impeachment can contest elections before completing all appeal processes.
The directive has implications for Gachagua, former Meru Governor Kawira Mwangaza and former Nairobi Governor Mike Sonko, who have all challenged their respective removals from office.
Karua based her argument on Article 99(3) of the Constitution of Kenya, 2010, which states that a person is not disqualified from election unless all possibilities of appeal or review of the relevant decision have been exhausted.
Article 99(2)(h) provides restrictions for individuals found to have abused or misused state office or violated Chapter Six of the Constitution on leadership and integrity.
The Constitution also connects presidential eligibility to qualifications for election as a Member of Parliament. However, Article 137(2)(b) provides that a person removed from public office for violating the Constitution may face restrictions on presidential eligibility.
Article 75(3) further provides limitations for individuals removed from office for breaches related to integrity provisions.
The Supreme Court is expected to offer clarity on how these constitutional provisions apply in cases where an impeachment appeal is still pending.
