What CJ Koome Said About Gachagua's Impeachment That Has Resurfaced

Remarks previously made by Chief Justice Martha Koome regarding the legal consequences of impeachment have resurfaced following the High Court’s decision to uphold the impeachment of former Deputy President Rigathi Gachagua.

In her past statement, CJ Koome emphasized that an impeachment remains in force unless overturned by a court of law.

“If you are impeached, you are impeached until the court lifts the impeachment. If you have been sentenced, you are sentenced until the sentence is set aside by the court. If you appeal, you are still sentenced. The appeal doesn't take away the sentence,” Koome stated.

Her remarks have sparked renewed debate, with a section of leaders and legal experts interpreting them to mean that an impeached individual remains disqualified from holding public office unless a court sets aside the decision.

However, Gachagua’s supporters have strongly opposed this interpretation, arguing that the Constitution allows individuals to exhaust all legal avenues before any final determination is made to their eligibility.

Speaking on Tuesday, a day after the High Court upheld his removal from office, Gachagua maintained that he is still eligible to contest in the 2027 General Election.

He dismissed claims that the ruling automatically bars him from seeking elective office, insisting that the legal process is ongoing.

According to Gachagua, the Constitution provides a clear right of appeal, and no individual should be disqualified from vying for office before all legal processes are fully exhausted.

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