Shameless: How Cabinet Secretaries are thumbing their noses at the law, openly pushing for Ruto's two-term

Cabinet Secretaries and public officials are once again under scrutiny over their involvement in partisan campaigns and the misuse of public offices ahead of the 2027 General Election, in violation of the law.

Last week, Treasury Cabinet Secretary John Mbadi hosted a curious delegation at his office. At a time when the budget-making process is in full swing, Mbadi met Luo elders to discuss ODM party politics.

The CS found time to state his position in the ongoing wrangles between the factions allied to Senators Oburu Odinga and Edwin Sifuna within the party.

His colleagues — Geoffrey Ruku (Public Service), Aden Duale (Health), Hassan Joho (Mining) and Deputy President Kithure Kindiki — are also busy on the campaign trail, drumming up support for President William Ruto’s 2027 re-election at a time when their dockets are facing serious challenges.

Mbadi invited the so-called Luo Elders Nairobi Chapter to his Treasury office, where they waved fly whisks while reciting prayers in Dholuo before the media.

“People and livestock are dying in some parts of the country, where CS Ruku should be concentrating on saving lives, but instead he is running around the Mt Kenya region parroting support for Kindiki to be retained as deputy president. Hospitals have no medicine and the SHA is not working effectively, but Duale is busy fighting former Deputy President Rigathi Gachagua,” says political analyst Charles Munyui.

Political neutrality

The mining sector is in a mess, especially in West Pokot, where residents are protesting against the activities of ODM-allied businessman Oketch Sala and the mad rush by unregulated large- and medium-scale miners currently wreaking havoc on the environment. But Joho, who is on the campaign trail, remains silent.

Despite express provisions in the Constitution and the Leadership and Integrity Act requiring CSs to practise political neutrality and refrain from holding party positions, various CSs have openly campaigned for President Ruto while advancing their own political interests.

“For CSs, there is a very thin line between communicating the government’s agenda and engaging in partisan politics, and this is something they have exploited,” says Munyui.

Critics have accused Mbadi of using public resources and offices to advance his political agenda. During the meeting with elders, Mbadi declared his support for Oburu’s faction of ODM and proclaimed himself the senior-most leader in the party, citing his position as Treasury CS.

Stating that the Oburu faction would continue with its pre-election coalition talks with President Ruto’s UDA, the CS extended an olive branch to Sifuna’s faction, which is opposed to any negotiations.

Mbadi’s actions drew criticism from various quarters, including from outspoken Canada-based lawyer Miguna Miguna.

“The Constitution is crystal clear that Cabinet Secretaries are not permitted to engage in politics and it is illegal to use public office for partisan politics. Stop holding political barazas at the Treasury building,” Miguna wrote on his X account.

Parties agenda

In response, however, Mbadi said he had no apologies to make for participating in day-to-day politics. He argued that being a Cabinet Secretary does not prevent him from advancing the interests of his ethnic community.

“The National Treasury is a public office. Anybody who wishes to see me can come here. I have met many people here, including mitumba traders and matatu operators,” he retorted.

Mbadi’s Cabinet colleagues have also been traversing the country to advance personal or party agendas.

Ruku was in Mwea, Kirinyaga County, on Sunday, where he drummed up support for Kindiki to be retained as President Ruto’s running mate in next year’s election. He was responding to ODM’s demand for the number two position as part of a pre-election deal with Ruto.

“You, ODM, leave the DP seat alone. It belongs to Kindiki until 2032, when he will vie for president,” Ruku said.

The CS also hit out at the Opposition, accusing Wiper Party leader Kalonzo Musyoka and former Deputy President Rigathi Gachagua of spreading hate against Ruto’s supporters in the Mt Kenya region.

Then there is Health CS Duale, a loyal lieutenant of President Ruto, who is unafraid to court controversy, especially when taking on the Opposition or defending the controversial Social Health Authority.

Last week, Duale criticised Gachagua over his call for a presidential debate with Ruto, terming it misplaced and legally untenable.

In a statement shared via his official X account on February 12, Duale argued that presidential debates are reserved for qualified candidates.

“You cannot demand a presidential debate when you have already been impeached and stripped of the very legitimacy required to contest for public office. A presidential debate is for candidates, not for individuals nursing political nostalgia,” Duale stated.

The Opposition has previously criticised the involvement of public officers in political campaigns, such as during the Mbeere North by-election pitting UDA’s Leonard Wamuthende against Democratic Party’s Newton Kariuki.

Former Cabinet Secretary Mithika Linturi claimed that the government spent approximately Sh600 million on campaigns for the by-election.

In their defence, Mbadi and Duale have previously argued that their roles are inherently political, thus justifying their support for the government’s agenda through participation in campaigns and other political gatherings.

They have based their claim on the Conflict of Interest Act, 2025, under which interpretations and amendments have been made suggesting that CSs are held to different standards from other State officers and are therefore permitted to campaign for political parties.

However, Articles 260 and 77(2) of the Constitution define CSs as State officers and prohibit them from holding office in a political party.

Political analyst Munyui observes that the early partisan campaigns, especially by CSs, are premised on a broader culture of indiscipline and disregard for the Constitution.

“What needs to be done is to be bold enough either to amend the law to allow them to engage in politics, while clearly defining the type of politics they may participate in, or to hold them accountable under the law. If the current law is not serving us, then we should review it so that there is no ambiguity and it can serve all,” he says.

“Instead of people knowingly breaking the law and hiding behind technicalities, let us as a country expressly examine the law and decide who can engage in politics and who cannot,” he adds.