Attorney-General directed to advise on impeached officials’ eligibility in elections

Attorney General Dorcas Oduor. (Photo: OAG Kenya)

By Carolyne Kubwa
Monday, July 20, 2026

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The application argues that, in practice, court challenges against impeachment or removal have been understood to suspend the effect of those decisions, allowing affected leaders to vie for elective office even as litigation continues. The Speaker is seeking guidance on how Articles 99 and 193 of the Constitution, which govern qualifications and disqualifications for elective office, should be interpreted in such circumstances.

During pre-trial directions, the applicant acknowledged that he had deliberately not sought the Attorney-General's advice before moving to the Supreme Court, contending that previous decisions had established that obtaining such advice was not mandatory.

However, the judges rejected that argument, noting that while seeking the Attorney-General's opinion is not an absolute legal requirement, Supreme Court precedent requires government institutions to first seek the Attorney-General's advice before invoking the court's advisory jurisdiction. They found the applicant's reliance on the Martha Karua advisory opinion case misplaced because, in that instance, the Attorney-General's office itself was the applicant and could not reasonably be expected to advise itself.

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The bench said the Attorney-General's advice could potentially resolve the dispute without consuming judicial time and added that nothing in Kenya's devolved system prevents the Attorney-General from advising county governments on matters of significant public interest.

The court directed the applicant to serve the reference and the ruling on the Attorney-General, who must file the advisory opinion within 21 days, after which the matter will be mentioned before the Deputy Registrar for further directions. No order on costs was made.