IG opposes politics engagement case as CSs fail to respond

Inspector General of Police Douglas Kanja has asked the court not to issue orders in relation to his participation and Cabinet Secretaries participation in active politics.

His lawyer, Paul Nyamodi, told the court that the orders sought by the Law Society of Kenya Deputy President Mwaura Kabata and Embakasi East MP Babu Owino were final in nature.

The IG’s opposition came as High Court Judge Bahati Mwamuye heard that none of the Cabinet Secretaries who had been sued had responded to the case.

Mwaura and Babu singled out Public Service Cabinet Secretary Geoffrey Ruku, whom they claimed is actively campaigning for United Democratic Alliance (UDA) candidate Leonard Muriuki in the Mbeere North mini-poll.

Mwaura said that their fear is that the CSs had continuously violated the constitution by taking part in partisan politics.

“The constitutional rights we intend to protect are continuing to be violated. Members of public offices are continuing to use those offices in furtherance of political interests,” said Mwaura.

Lawyer Abna Mango told the court that Mwaura and Babu were apprehensive that CSs are using public resources and state platforms to drum up support for allies of President Ruto’s 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 court papers. Video clips annexed to the case show several ministers at rallies, from Malava to Bondo, Garsen to Turkana, pledging loyalty to President Ruto’s re-election bid and endorsing party candidates in the looming mini-polls scheduled for next week.

In the case, Mwaura and Owino Attorney-General Dorcas Oduor, Prime Cabinet Secretary Musalia Mudavadi, all other Cabinet Secretaries and Inspector-General Kanja. 

The Council of Governors, Law Society of Kenya and Katiba Institute have been enjoined as interested parties.

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

The two lawyers also faulted Inspector-General Kanja, claiming he appeared at a presidential rally in Kieni, Nyeri County, on April 2, 2025, and made overtly political remarks.

They argued 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.