Two lawyers have filed a case at the High Court seeking to have Health Cabinet Secretary Aden Duale declared unfit to hold public office.
Lawyers Lempaa Suyianka and Gitahi Gichuki filed the petition over remarks Duale allegedly made during a public event in Lafey Constituency, Mandera County.
Petition Challenges Duale’s Remarks
The lawyers want the court to review comments Duale made on July 20, 2026.
Duale later explained that his statement was a Somali proverb. He said it described long-standing habits and did not target any community.
However, the petitioners want the court to determine whether the remarks met the standards expected from State officers.
Additionally, they argue that the case goes beyond the meaning of the proverb. According to them, it raises wider questions about how public leaders should communicate.
State Officers Must Follow the Constitution
The lawyers say State officers must protect national unity, equality, dignity and accountability.
Furthermore, they cited several constitutional provisions, including Articles 10, 27, 28, 33, 73, 75, 129, 152 and 232.
The petition states that Cabinet Secretaries must act responsibly when making public statements. Therefore, leaders should avoid remarks that may promote ethnic division.
Lawyers Raise Election Concerns
Meanwhile, the petitioners referred to reports from the Akiwumi Commission, the Kiliku Parliamentary Committee and the Waki Commission.
They argued that Kenya’s history shows the risks of divisive political speech.
In addition, the lawyers want the court to confirm that freedom of expression does not protect hate speech or ethnic incitement.
Orders Sought in Court
The petitioners are asking the High Court to declare Duale unfit for office if it finds that his remarks violated the Constitution.
They argue that such conduct would go against the principles of leadership and integrity.
Furthermore, the lawyers want the court to compel a State officer to honour lawful summons issued by an interested party.
Finally, they say ignoring such summons weakens accountability and respect for the rule of law.
