Impeached, but can they still run? Cloud hangs over Gachagua, Mwangaza’s 2027 bids

The ongoing dispute over whether impeached officials can still run for public office while challenging their removal in court has been further complicated by Attorney-General Dorcas Oduor's recent response. The issue has direct relevance for former Deputy President Rigathi Gachagua and former Meru Governor Kawira Mwangaza, both of whom were removed from office through impeachment and are currently involved in litigation arising from their ousters.

Gachagua was impeached in October 2024 and is seeking to run for president in 2027, while Mwangaza was removed in August 2024 and is also considering a gubernatorial bid.

Oduor's response did not directly answer the key question of whether an impeachment can suspend the constitutional consequences of removal, instead advising the Supreme Court not to proceed with an advisory opinion application on the matter. The Attorney-General argued that existing court decisions have substantially settled the consequences of impeachment and that the reference to the Supreme Court is "adversarial in substance" and "hypothetical in its prospective application."

She relied on the Supreme Court's 2022 decision in Rigathi Gachagua's case, which established that impeachment can result in disqualification from holding public office, but did not explicitly address whether a pending appeal or judicial review would automatically prevent an impeached official from contesting an election.