Ol Kalou Law Courts/FILE
The High Court in Nyandarua has been asked to bar a serving Cabinet Secretary from participating in partisan political campaigns while holding public office.
The constitutional petition raises questions over the political neutrality of State officers and the use of public resources during elections.
The petition, filed by Francis Awino, seeks orders restraining the Cabinet Secretary from taking part in political rallies, mobilisation activities or endorsing candidates in their capacity as a member of the Cabinet, arguing that such conduct violates constitutional standards governing State officers.
Awino contends that continued participation by serving Cabinet Secretaries in partisan political campaigns while retaining the authority and privileges of public office undermines public confidence in electoral processes and democratic institutions.
He argues that the Constitution requires State officers to remain politically neutral while discharging their official duties and that involvement in campaign activities compromises the integrity and impartiality expected of public office holders.
"That the continued participation of serving state officers in partisan campaigns while retaining the authority and privileges of public office undermines public confidence in electoral processes and institutions," his court filings state.
The petitioner is also seeking orders prohibiting the Cabinet Secretary from using government vehicles, security personnel, public facilities, State officers or any other public resources to support political activities until the case is heard and determined.
In addition, the court has been asked to direct the Ministry concerned and other relevant government agencies to preserve records linked to the Cabinet Secretary's alleged participation in campaigns during the Ol Kalou parliamentary by-election.
The records sought include official travel schedules, expenditure reports, security deployment records, communication logs and vehicle movement records connected to the campaign period.
According to the petition, disclosure of the records would enable the court and the public to determine whether public resources were deployed for partisan political purposes.
The petitioner is further seeking orders compelling the Ethics and Anti-Corruption Commission (EACC) to investigate the allegations and submit a preliminary report to the court within 30 days.
Awino also wants the respondents to disclose the Cabinet Secretary's official travel records, government expenditure and logistical arrangements relating to visits made to Ol Kalou during the by-election campaign period.
He argues that the dispute raises significant constitutional questions concerning leadership and integrity, accountability of State officers, electoral fairness and the alleged misuse of public resources.
In subsequent orders, the application failed to obtain urgent certification.
Justice Lilian Mutende declined to certify the matter as urgent and instead directed the petitioner to serve all respondents and interested parties with the court documents.
The respondents have been granted 14 days to file and serve their responses to the petition.
The matter will be mentioned before the Presiding Judge at the Ol Kalou High Court on August 3, 2026, for further directions on the hearing of the constitutional petition.
