Lawyers Move to Oust Aden Duale Over Remarks Made in Mandera

A constitutional petition has been filed in the High Court seeking a declaration that Health Cabinet Secretary Aden Duale is unfit to hold public office. The petitioners link their case to remarks Duale made during a public event in Mandera County.

In their petition, lawyers Lempaa Suyianka and Gitahi Gichuki challenge comments Duale made on July 20, 2026, while addressing a gathering in Lafey Constituency.

The petitioners say Duale later clarified that the proverb he used was a figurative Somali expression meant to describe entrenched habits and that it was not intended to demean or target any ethnic community. However, they argue that the court should still determine whether the remarks met the constitutional standards expected of a state officer.

They argue that the matter extends beyond the literal meaning of the proverb and instead raises broader constitutional questions about how state officers should conduct themselves when making public statements in Kenya’s politically charged environment, particularly with the general election approaching.

Constitutional provisions cited

The petitioners maintain that state officers must comply with Articles 10, 27, 28, 33, 73, 75, 129, 152, and 232 of the Constitution. They say these provisions require public officials to uphold national unity, equality, human dignity, integrity, accountability, and professionalism in the exercise of public authority.

In the petition, the lawyers argue that Cabinet Secretaries face a higher standard of conduct and must avoid public communications that could reasonably be seen as promoting ethnic division, advancing partisan political interests, or weakening national cohesion.

Petitioners cite past commissions on ethnic violence

To support their case, the lawyers cite findings from the Akiwumi Commission Report, the Kiliku Parliamentary Committee Report, and the Waki Commission Report. They argue that Kenya’s experience shows how incendiary political rhetoric and ethnic mobilization have contributed to election-related violence.

The petitioners ask the High Court to declare that freedom of expression does not cover hate speech, ethnic incitement, vilification, or the advocacy of hatred, which they say are prohibited under Article 33(2) of the Constitution.

Petitioners seek declaration of unfitness for office

Among the orders they seek is a declaration that, if the court finds Duale’s remarks amounted to ethnic vilification, he acted in a manner inconsistent with constitutional principles of leadership and integrity. The petitioners argue that this would make him constitutionally unfit to continue serving as a Cabinet Secretary or in any other State office, unless he remedies the conduct in accordance with the law.

They also request an order of mandamus compelling the first respondent to honor summons issued by the interested party and attend the proceedings. The petitioners say a state officer’s failure to comply with lawful summons undermines accountability, integrity, and the rule of law.

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