Legal practitioners have filed a petition at the High Court requesting a declaration that Health Cabinet Secretary Aden Duale is unfit to hold public office. The move follows comments he made during a public address in Mandera County on July 20, 2026.

Advocates Lempaa Suyianka and Gitahi Gichuki contend that Duale's remarks, although later described by him as a figurative Somali proverb, fall short of the constitutional expectations for senior state officers, especially in the context of Kenya’s sensitive political climate ahead of the 2027 General Election.

Constitutional Obligations of Public Officers

The petitioners highlight that Cabinet Secretaries are entrusted with promoting national unity, equality, integrity, accountability, and professionalism as stipulated in the Constitution. They argue that public officials must refrain from statements that could be perceived as encouraging ethnic division or undermining national cohesion.

Specifically, the petition references several constitutional articles, including Articles 10, 27, 28, 33, 73, 75, 129, 152, and 232, which collectively require state officers to exercise their authority with respect for human dignity and national harmony.

Legal Basis and Historical Context

To bolster their case, the lawyers draw on findings from the Akiwumi Commission, the Kiliku Parliamentary Committee, and the Waki Commission reports. They emphasize Kenya’s history of ethnic tensions and the dangers posed by inflammatory political rhetoric, especially during election periods.

Relief Sought

  • A declaration that freedom of expression does not protect hate speech, ethnic vilification, or incitement under Article 33(2) of the Constitution.
  • A ruling that if Duale’s statements constitute ethnic vilification, he acted in breach of constitutional leadership principles and is therefore unfit for his current or any other state office.
  • An order compelling CS Duale to respond to lawful summons related to this matter to uphold accountability and the rule of law.

The petition underscores the need for constitutional restraint by state officers to prevent divisive rhetoric that could threaten Kenya’s fragile unity.