Cabinet Secretary for Tourism and Wildlife Rebecca Miano has moved to the High Court seeking to have a petition filed against her struck out, arguing that the court lacks jurisdiction to determine the dispute.
In a preliminary objection, Miano contends that the issues raised in the petition fall within the constitutional and statutory mandates of the Ethics and Anti-Corruption Commission (EACC) and the Independent Electoral and Boundaries Commission (IEBC), and not the High Court.
She argues that Article 79 of the Constitution and the Ethics and Anti-Corruption Commission Act empower the EACC to receive complaints and investigate allegations of abuse of office and breaches of integrity involving State and public officers. She further states that Article 88(4)(e) of the Constitution, read together with the Independent Electoral and Boundaries Commission Act, grants the IEBC the mandate to resolve election-related disputes.
According to Miano, the petitioner, Francis Awino, failed to exhaust the dispute resolution and investigative mechanisms available before the EACC and the IEBC before approaching the High Court, contrary to the doctrine of exhaustion of remedies.
She further argues that the petition improperly invites the High Court to undertake investigative functions that are exclusively vested in the EACC. Miano maintains that the petition and the accompanying application dated July 21, 2026 are premature, incompetent, and amount to an abuse of the court process. She is asking the court to strike out both the petition and the application with costs.
The petition filed by Awino accuses Miano of engaging in partisan political activities while serving as a Cabinet Secretary. He is seeking orders barring her from participating in political campaigns, political mobilisation activities, electoral endorsement events, and from using government resources to advance partisan political interests while in office.
Awino has also asked the court to issue conservatory orders restraining Miano from engaging in the alleged activities pending the hearing and determination of the petition.
