A fresh legal challenge has been filed at the High Court seeking to determine whether Health Cabinet Secretary Aden Duale should continue serving in public office following remarks he allegedly made during a public event in Mandera County earlier this month.
Lawyers Lempaa Suyianka and Gitahi Gichuki have petitioned the court, arguing that comments attributed to Duale during a gathering in Lafey Constituency on July 20, 2026, raise serious constitutional questions about the conduct expected of State officers.
They want the court to examine whether the remarks met the standards required of public officials under Kenya’s Constitution.
According to court documents, the petition comes despite Duale later explaining that the statement in question was a figurative Somali proverb.
He reportedly clarified that the expression was intended to refer to deeply rooted habits and was not meant to insult, demean or target any ethnic community.
The petitioners, however, argue that the matter goes beyond the literal interpretation of the proverb.
They say the case presents broader constitutional concerns about how senior government officials communicate in public, particularly in a politically sensitive environment as the country moves closer to the next General Election.
In their filing, the lawyers state that State officers are required to uphold the national values and principles set out in the Constitution.
They cite Articles 10, 27, 28, 33, 73, 75, 129, 152 and 232, which emphasize national unity, equality, human dignity, integrity, accountability and professionalism in the exercise of public authority.
The petition further argues that Cabinet Secretaries occupy positions that demand a higher standard of conduct.
As such, they should avoid public statements that could reasonably be viewed as promoting ethnic division, partisan political interests or actions that may undermine national cohesion.
To support their case, the lawyers have relied on findings from several past inquiries, including the Akiwumi Commission Report, the Kiliku Parliamentary Committee Report and the Waki Commission Report.
They argue that Kenya’s history shows how inflammatory political language and ethnic mobilization have contributed to election-related violence in the past.
Among the declarations sought, the petitioners want the court to affirm that freedom of expression does not protect hate speech, ethnic incitement, vilification or advocacy of hatred as prohibited under Article 33(2) of the Constitution.
They are also seeking a declaration that if the court finds Duale’s remarks amounted to ethnic vilification, then he acted contrary to constitutional principles on leadership and integrity and would therefore be constitutionally unfit to continue serving as a Cabinet Secretary or hold any other State office unless the matter is addressed in accordance with the law.
In addition, the petitioners want the court to issue an order of mandamus compelling the first respondent to comply with summons issued by an interested party and participate in its proceedings.
They argue that failure by a State officer to honor lawful summons weakens accountability, integrity and respect for the rule of law.
