Lawyers Lempaa Suyianka and Gitahi Gichuki have filed a constitutional petition at the High Court seeking to have Health Cabinet Secretary Aden Duale declared unfit to hold public office. The move follows comments Duale made on July 20, 2026, during a public event in Lafey Constituency, Mandera County.

According to the petition, Duale’s remarks involved a Somali proverb which, although later clarified by the CS as figurative and not intended to target any ethnic group, raise serious constitutional concerns about the conduct expected from State officers. The petitioners argue that the issue transcends the literal meaning of the proverb and touches on the broader responsibility of public officials to maintain national cohesion, especially in the politically sensitive period ahead of the General Election.

Constitutional Standards and Allegations

The petitioners emphasize that State officers must adhere to various constitutional provisions including Articles 10, 27, 28, 33, 73, 75, 129, 152, and 232. These articles mandate public officials to uphold principles such as unity, equality, human dignity, integrity, accountability, and professionalism.

They contend that Cabinet Secretaries are held to an elevated standard and must avoid any public statements that could be perceived as promoting ethnic division or partisan interests. The petition references Kenya’s historical challenges with election-related violence fueled by inflammatory rhetoric, citing reports from the Akiwumi Commission, Kiliku Parliamentary Committee, and Waki Commission.

Relief Sought

  • A declaration that freedom of expression does not protect hate speech, ethnic incitement, or vilification as per Article 33(2) of the Constitution.
  • A ruling that if Duale’s remarks amount to ethnic vilification, he has breached constitutional principles of leadership and integrity, rendering him unfit for his current or any other State office unless he remedies the conduct legally.
  • An order compelling Duale to comply with summons issued by the interested party, reinforcing accountability and the rule of law.

The case highlights ongoing scrutiny over public officials’ statements and their impact on Kenya’s unity and electoral peace.