A major political storm is brewing ahead of the 2027 General Election as Supreme Court seeks to determine whether DCP Party Leader is eligible to seek office.
The court directed the Attorney General Dorcas Odour to issue a legal opinion within 21 days on a contentious issue on whether impeached public officials can run for elective office while still challenging their removal in court.
The ruling, delivered last Friday by a five-judge bench led by Deputy Chief Justice Philomena Mwilu, has delayed a decisive judgment but significantly raised political tension, with attention now firmly on the Attorney General’s office.
At the center of the case is Gachagua, who has already signaled interest in challenging President William Ruto in 2027.
Gachagua was impeached in 2024 and moved to court to contest the legality of his removal. His case is still pending before the Court of Appeal, meaning his eligibility to run remains uncertain.
The outcome of this legal interpretation could determine whether he appears on the presidential ballot or is locked out entirely.
Also affected are former Nairobi Governor Mike Sonko and former Meru Governor Kawira Mwangaza, both of whom were removed from office and are pursuing legal battles.
Despite their impeachments, the leaders have remained politically active. Gachagua now leads the Democracy for the Citizens Party (DCP), positioning himself as a key opposition figure ahead of 2027.
Mwangaza heads the Umoja na Maendeleo Party (UMP), while Sonko leads the National Economic Development Party (NEDP).
Their political comeback ambitions now hinge on the legal advice expected from the Attorney General.
Instead of issuing an immediate ruling, the Supreme Court emphasized the need for the Attorney General’s advisory opinion before proceeding further.
The judges noted that such advice could potentially resolve the matter without the need for a full hearing, saving valuable judicial time.
Meanwhile, the Independent Electoral and Boundaries Commission (IEBC) and the Ethics and Anti-Corruption Commission (EACC) have applied to join the case, citing their constitutional roles in determining candidate eligibility and integrity standards.
Their applications will be considered after the Attorney General submits the required advice.