Keep off politics: Ruto's Cabinet, police boss sued for campaigning

Top government officials, including Cabinet secretaries and the Inspector-General of Police, are facing fresh legal scrutiny over allegations of engaging in early partisan political campaigns in violation of the Constitution and public service laws.

A new court petition filed by Law Society of Kenya (LSK) Deputy President Mwaura Kabata and Embakasi East MP Babu Owino accuses the officials of openly campaigning for President William Ruto’s allies ahead of the November 27, 2025 by-elections and the 2027 General Election.

The duo claims CSs have been traversing the country in full campaign mode, using public resources and State platforms to drum up support for allies of President Ruto’s United Democratic Alliance (UDA) candidates ahead of the upcoming polls and his 2027 second-term bid.

“What we are witnessing is a dangerous collision between public duty and private political interest,” they state in the court papers.

Video clips annexed to the case show several CSs at rallies, from Malava to Bondo, Garsen to Turkana, pledging loyalty to President Ruto’s re-election bid and endorsing party candidates in the mini-polls scheduled for next month.

The petition, filed through lawyer Abner Collins Mango, lists 21 respondents, among them Attorney-General Dorcas Oduor, Prime Cabinet Secretary Musalia Mudavadi, all other Cabinet Secretaries, and IG Kanja. 

The Council of Governors, LSK, and Katiba Institute have been enjoined as interested parties.

According to the petition, the CSs have “crossed a constitutional red line” by attending funerals and political rallies, endorsing candidates, and publicly declaring allegiance to political parties.

Kabata claims that in recent months, several CSs have been spotted at political gatherings across the country openly supporting President Ruto’s second-term bid and campaigning for ruling party candidates in the upcoming mini-polls.

“The involvement of State officers in partisan political activities is not only unethical but unconstitutional,” Kabata says in his supporting affidavit.

“It amounts to abuse of office and violates the principles of impartiality and integrity required of all public servants.”

He adds that such actions threaten to blur the line between public service and partisan politics, “turning the civil service into an extension of political parties.”

The petition cites specific incidents from public rallies, funerals, and official forums where ministers allegedly made partisan remarks or endorsed political figures.

The charges

In a detailed affidavit, Kabata lists several instances of alleged political activity:

Mudavadi is accused of urging teachers in Malava to “stand with the President” and support his re-election in 2027.

“Mudavadi, in a public address at a teachers’ forum in Malava, is seen and heard drumming up support for a political candidate in the upcoming by-elections scheduled for November 27, 2025, indicating that it is not easy to defeat a sitting president,” the petition states.

Treasury CS John Mbadi allegedly told a crowd in Migori that “the President deserves a second term.”

“The CS Treasury, Mbadi, in a video footage, is seen and heard urging residents of Migori to support President William Ruto’s bid for a second term,” the court papers read.

Energy CS Opiyo Wandayi is accused of speaking about the political future of the ODM party during the funeral of former Prime Minister Raila Odinga in Bondo while endorsing Ruto’s leadership.

“CS Wandayi, while in Bondo during the burial preparations of the late Raila, is seen and heard speaking of ODM succession plans as well as drumming up support for President Ruto’s second-term bid,” Kabata states.

Mining CS Hassan Joho allegedly wore campaign regalia and chanted slogans supporting the President in Garsen, referring to a ten-year, two-term presidency for President Ruto.

“Joho, while donning Swahili regalia at a rally in Garsen Constituency, is seen and heard rallying support for President Ruto’s second term while chanting the words ‘kumi bila break,’” the court papers state.

Co-operatives CS Wycliffe Oparanya is said to have described himself during a TV interview as an ODM member “working with the government.”

“Oparanya, in a television interview, affirmed he is a member of the Orange Democratic Movement and declared his decision to join the Government of the day,” Kabata says.

Health CS Aden Duale is cited for making politically charged statements.

“CS Duale is seen and heard hitting hard at former Deputy President Rigathi Gachagua and castigating former Interior CS Fred Matiang’i for being behind the deaths of Kenyan youths,” the petition states.

Public Service CS Geoffrey Ruku is accused of drumming up support for a UDA candidate in the upcoming Mbeere North by-election scheduled for November 27, 2025.

The petitioners annexed video clips from YouTube and X (formerly Twitter) as evidence of the alleged conduct.

 “These Cabinet Secretaries have not only breached the Constitution but have also betrayed public trust. Their actions demonstrate open partisanship and disregard for the law,” Kabata asserts.

The petitioners also fault IG Kanja, claiming he appeared at a presidential rally in Kieni, Nyeri County, on April 2, 2025, and made overtly political remarks.

“The Inspector-General’s conduct is deeply troubling. The National Police Service is a neutral body by law, yet its head appeared to be taking sides,” the petition says.

They argue that Kanja’s participation compromised the independence of the police service and set a dangerous precedent for law enforcement neutrality.

According to the petitioners, such conduct constitutes a direct conflict of interest, contravening Section 23 of the Leadership and Integrity Act, 2012, which bars state officers from engaging in political activity that compromises their neutrality.

The law

They also invoke the Conflict of Interest Act, 2025, particularly Section 25, which took effect in August this year. The clause controversially exempts Cabinet Secretaries and County Executive Committee Members from restrictions barring public officers from engaging in political activities.

Kabata and Owino describe the section as unconstitutional, discriminatory, and inconsistent with Article 75 of the Constitution, which requires State officers to avoid conflicts of interest.

“Section 25 effectively gives Cabinet Secretaries a blank cheque to campaign, make political endorsements, and participate in partisan events,” the petition reads. “This is inconsistent with the Constitution’s demand that State officers maintain political neutrality at all times.”

They cite Article 2(4) of the Constitution, which declares any law inconsistent with the Constitution null and void, and ask the court to suspend and declare Section 25 unconstitutional.

The petitioners also seek interim orders restraining all respondents from engaging in political activity or showing support for any political party or candidate.

They also ask the court to suspend the implementation of Section 25 of the Conflict of Interest Act, arguing that continued enforcement would lead to widespread abuse and constitutional violations.

“The court must act swiftly to safeguard public resources and preserve constitutional integrity,” lawyer Mango says in the certificate of urgency.

“If unchecked, this conduct will erode confidence in the neutrality of the State and make future elections unfair.”

The petition warns that failure to act could allow “continued and unchecked politicisation of the public service,” eroding confidence in State institutions.

At the heart of the matter lies a constitutional dilemma: whether Cabinet Secretaries, as political appointees, should be treated as neutral State officers or partisan actors serving at the President’s pleasure.

The petitioners insist that once appointed, Cabinet Secretaries become custodians of public trust and must remain above the political fray.