Karua details why Gachagua is eligible to vie ahead of 2027 presidential contest
By David Nthua, July 22, 2026People’s Liberation Party (PLP) leader Martha Karua has said Democracy for the Citizens Party leader Rigathi Gachagua is not barred from vying for any elective seat, including the presidency.
Karua told a local TV station on Tuesday, July 21, 2026, that Gachagua remains eligible while his appeal against impeachment is pending.
“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 asked Attorney-General Dorcas Oduor to advise on whether impeached leaders can contest elections before exhausting their appeals.
The July 17, 2026 direction affects Gachagua, former Meru Governor Kawira Mwangaza, and former Nairobi Governor Mike Sonko.
Constitution protects pending appeals
Karua based her position on Article 99(3) of the Constitution of Kenya, 2010.
The provision states: “A person is not disqualified under clause (2) unless all possibility of appeal or review of the relevant sentence or decision has been exhausted.”
Article 99(2)(h) disqualifies a person found to have misused or abused a State office. It also covers contravention of Chapter Six on leadership and integrity.
Article 137 links presidential eligibility to parliamentary qualifications. It states that a presidential candidate must qualify for election as a Member of Parliament.
However, Article 137(2)(b) also disqualifies a person removed from public office for contravening the Constitution.
Article 75(3) provides an additional restriction for people removed from office for violating Chapter Six.
The Supreme Court is expected to clarify how those provisions apply when an impeachment appeal remains pending.
Karua compared Gachagua’s position with that of Uhuru Kenyatta and William Ruto in 2013.
“That is why Uhuru Kenyatta and William Ruto were able to vie in 2013 while facing charges at the ICC,” she said.
“So, someone impeached, if their appeal is pending, they should be able to vie.”
She said the position would change if the courts upheld the impeachment after every appeal had been exhausted.
“If they have exhausted all appeals and the court has upheld the impeachment, then that person should not be able to vie for any elective seat,” Karua said.
“It is not my opinion, but the position in the country through the Constitution. The court will not escape from giving a ruling that is final.”
The High Court upheld Gachagua’s impeachment on June 8, 2026. His legal team subsequently filed an appeal.
Karua attacks IEBC over Ol Kalou
“IEBC came out very poorly in Ol Kalou. There was open bribery, yet they did not sanction the government,” she said.
“One of the commissioners actually legitimised it. They saw violence and did nothing about it. We are on our own. This IEBC cannot be trusted.”
The by-election was won by DCP candidate Sammy Kamau Ngotho with 35,440 votes. United Democratic Alliance candidate Samuel Muchina received 5,450 votes.
Karua’s remarks place Gachagua’s eligibility and IEBC’s credibility among the major political and constitutional disputes heading into the 2027 General Election.