Lawyers Lempaa Suyianka and Gitahi Gichuki have moved to the High Court seeking a declaration that Health Cabinet Secretary Aden Duale is constitutionally unfit to continue serving in public office over remarks he allegedly made during a public event in Mandera County.
Duale allegedly profiled an ethnic community by referring to them as Hyenas.
In the constitutional petition, the lawyers challenge comments allegedly made by Duale on July 20, 2026, while addressing a gathering in Lafey Constituency. Although the Cabinet Secretary later clarified that the statement was a figurative Somali proverb referring to entrenched habits and was not intended to demean or target any ethnic community, the petitioners argue that the court should determine whether the remarks met the constitutional standards expected of a State officer.
They contend that the case is not about the literal meaning of the proverb but about the constitutional obligations imposed on senior public officials when addressing the public in Kenya’s politically sensitive environment, particularly as the country heads towards the 2027 General Election.
According to the petition, State officers are required to uphold the national values and principles set out in Articles 10, 27, 28, 33, 73, 75, 129, 152 and 232 of the Constitution, including national unity, equality, human dignity, integrity, accountability and professionalism. The lawyers argue that Cabinet Secretaries are held to a higher constitutional standard and must refrain from making public statements that could reasonably be perceived as promoting ethnic division, partisan political interests or undermining national cohesion.
To support their case, the petitioners rely on the Akiwumi Commission Report, the Kiliku Parliamentary Committee Report and the Waki Commission Report, saying Kenya’s history demonstrates the dangers of inflammatory political rhetoric and ethnic mobilisation during election periods. They are asking the High Court to declare that the constitutional right to freedom of expression does not protect hate speech, ethnic incitement, vilification or advocacy of hatred prohibited under Article 33(2) of the Constitution.
The petition further seeks a declaration that if the court finds Duale’s remarks amounted to ethnic vilification contrary to the Constitution, he acted inconsistently with the constitutional principles of leadership and integrity and is therefore constitutionally unfit to continue serving as a Cabinet Secretary or to hold any other State office unless the conduct is addressed in accordance with the law.
The lawyers have also asked the court to issue an order of mandamus compelling Duale to honour summons issued by the interested party and participate in its proceedings, arguing that failure by a State officer to comply with lawful summons undermines accountability, integrity and the rule of law.
