Cabinet secretaries and House speakers are once again under scrutiny over their involvement in early partisan political campaigns in violation of a court order.
Despite an order by the High Court in June, State officers have been campaigning openly for President William Ruto’s re-election in 2027.
The court held that conducting premature political campaigns outside the election period violates the right to equality and equal protection under the law, as well as free and fair polls.
Consequently, High Court judges Hedwig Ong’udi, Patricia Gichohi and Heston Nyaga directed the Attorney-General to enact a law governing political campaigns within 12 months.
“Election campaigns, by their very nature, have the potential to impact negatively on the citizens of this country. There is no doubt that the election period is characterised by heightened tensions, suspicions, negative profiling, and general slowdown of the economy,” the judges observed.
“As such, this political season should not be a continuous situation. There is need for the country to take a break from political campaigns and concentrate on the development of the nation and the wellbeing of its citizens. It follows that incessant campaigns conducted outside the election period interfere with or compromise the citizens’ rights as guaranteed by the Constitution, which include economic and social rights,” the judges stated.
Early campaigns became the subject of a legal battle after Kituo Cha Sheria petitioned the High Court to direct the Independent Electoral and Boundaries Commissions to prevent the breaches that occurred during the 2022 General Election.
However, State officials have continued to engage in partisan politics instead of concentrating of their official duties.
National Assembly Speaker Moses Wetang’ula, his Senate counterpart Amason Kingi and Cabinet ministers have been campaigning for Dr Ruto . Principal secretaries have also joined the fray, disregarding the doctrine of impartiality to serve the public.
National Assembly Speaker Moses Wetang’ula during the Kenya Kwanza Kisumu County Tuk Tuk Sacco empowerment event on August 2.
Photo credit: Alex Odhiambo | Nation Media Group
An advocate of the High Court, Mr Clifford Asuna, said the law surrounding campaigns by State and public officers is vague and open to varied interpretation. But if applied objectively, it expressly demands that the government avoids any actions or utterances that connote bias.
"All these characters be they speakers, Cabinet secretaries or principal secretaries are political appointees. Their positions are tied to sectarian political processes. Even in their silence, they remain political mouthpieces," Mr Asuna argued.
The Cabinet secretaries who have been on the campaign trail include; Mr Geoffrey Ruku (Public Service), Mr Kipchumba Murkomen (Interior), Mr William Kabogo (Information Technology), Ms Alice Wahome (Lands and Housing) and Mr Aden Duale (Health). They have made public endorsements of Dr Ruto’s re-election.
Interior Cabinet Secretary Kipchumba Murkomen during a security forum at Sarova Woodlands Hotel in Nakuru on August 12, 2025.
Photo credit: Boniface Mwangi | Nation Media Group
On July 25, Mr Kabogo said in Maragua Constituency: “There is no law that prevents me from advancing and articulating the government policies that I was appointed to office to pursue.”
"When I say President Ruto should be re-elected, in essence I'm articulating the continuity of the good rule of President Ruto," he said.
Mr Ruku has been campaigning for UDA candidate Leonald Muthende for the Mbeere North by-election. He held the seat before resigning to join President Ruto’s Cabinet.
On September 8, the Public Service Cabinet Secretary led residents of Bahati Constituency in pledging support for Dr Ruto’s re-election.
"If elections are called today, tomorrow or the day after...will we all vote for President Ruto to finish his two terms? Raise your hands and show me that our votes are for President Ruto who has sent me here to serve you on his behalf," the CS said.
But Busia Senator Okiya Omtatah said that Kenyans know the difference between articulating government policies and campaigning.
“We are not fools. We can clearly differentiate between articulation of government policies and useless chants of ‘tutam’...‘tutam’ is not a national agenda," he said.
On February 28, when Senate Speaker Mr Kingi accompanied the president on a tour of the Coast, he said that in 2027 President Ruto remains the best candidate.
On August 17, while speaking at St Peter’s Catholic Church in Kapsabet, Nandi County, National Assembly Speaker Mr Wetang’ula said Dr Ruto deserved to be re-elected. He led the congregation in chanting “kumi bila break” (10 years without a break.)
He had earlier attended an empowerment programme in Mt Elgon, Bungoma County, where the crowd could be heard shouting the “tutam!” (two terms) slogan.
Mr Wetang’ula posted on his social media accounts: “I used the occasion to rally support for the president's second term, citing milestones such as increased university funding, Universal Health Care, affordable housing projects, and bold steps to stabilise the economy.”
Former Deputy President Rigathi Gachagua on September 14, while in Murang'a County, accused the two speakers of the House of being President Ruto’s mouthpieces instead of guiding lawmakers in pursuing sane legislative, oversight and representation agendas.
"It is unimaginable for a speaker to publicly shout ‘tutam’ or ‘wantam’,” the Democracy for Citizens Party leader said.
Former Attorney-General Justin Muturi told Nation : “There is no question about it...State and public officers do not work for the president, they work to uphold the Constitution.”
“Use of State power and facilities to campaign for one candidate is an abuse. What is needed is a more definitive law so as to beat the cheeky loopholes that President Ruto, speakers and his Cabinet are using to blatantly use State resources to entice voters through illegal empowerment programmes," Mr Muturi said.
Cabinet Secretary Lands, Public Works, Housing and Urban Development Alice Wahome.
Photo credit: Dennis Onsongo | Nation Media Group
On September 16, Lands CS Ms Wahome addressed roadside rallies in Kandara, Murang’a County. She led the crowd in chanting ‘tutam!”
"I am here at home to assure you that I am doing well in President Ruto's government, contrary to what propagandists are saying that I am powerless," she said.
On August 7, while addressing a roadside rally in Kericho town, Interior minister Mr Murkomen said: “ For those going about saying ‘wantam’, we had Uhuru Kenyatta and Mwai Kibaki yet they never shouted at them about one term...President Ruto should not be threatened and must serve his full term.”
“I want to send a message from Eastleigh, the heartbeat of the Somali community, because when a decision is made in Eastleigh, that message goes across the whole country. We will vote for President William Ruto,” Mr Duale said on July 20.
He also took a swipe at the Mt Kenya communities accusing them of feeling entitled to the presidency.
"If presidents Jomo Kenyatta, Mwai Kibaki and Uhuru Kenyatta served full terms, so should President Ruto," he said.
Prime Cabinet Secretary Musalia Mudavadi , as well as principal secretaries Mary Muthoni (Health) and Elijah Mwangi (Sports) have also been defending President Ruto as well as Government Spokesman Isaac Mwaura.
Mr Mudavadi said in Busia on August 15 that: “Opposing President Ruto in 2027 is a waste of time since he is bound to win.”
Deputy Prime Minister Musalia Mudavadi addressing a crowd at Malaba in Busia county on June 24, 2012.
Photo |
“It is outright naivety to imagine Ruto could lose in 2027, especially now that he has joined forces with ODM leader Raila Odinga ,” he added.
Other quarters believe that Cabinet secretaries are allowed to campaign by the Leadership and Integrity Act 2012. In Section 23 (1), the Act exempts cabinet secretaries or county executive committee members from a requirement that State Officers not act as agents of political parties or candidates or show support or opposition for parties or candidates.
According to a 2021 opinion by constitutional lawyer Kibe Mungai, there is no conflict between these laws, because a Cabinet Secretary is a political position.
“Under the presidential system of government, a Cabinet Secretary is part of the political administration of the president, so that Cabinet, in the strict sense of the word, is a political body," he explained. "This is the reason why, for purposes of Cabinet secretaries, the president does not even recruit through the Public Service Commission."
But in an advisory opinion on the participation of public officers and use of public resources in political activities, the Commission on Administrative Justice in 2017 said appointed public officers should refrain from participating in the activities of political parties or candidates, or use public resources for such activities.
“Appointed public officers who wish to participate in politics or support any political party or candidate should resign from their positions immediately,” the Commission on Administrative Justice stated.
“The involvement of public officers in political activities would contravene the Constitution and statutes. It would also undermine the rule of law and transformation of the public service. In our view, the question of accountability by public officers should be continuous and not summative to coincide with the electioneering period since this blurs the line between accountability and political campaign,” the commission advised.
