A petition has been filed at the High Court seeking the removal of Health Cabinet Secretary Aden Duale from government over allegations of ethnic incitement and violation of leadership and integrity standards.
The petitioners have challenged comments allegedly made by Duale on July 20, 2026, while addressing a gathering in Lafey Constituency, Mandera County, arguing that his remarks and conduct breached provisions of the Constitution and the National Cohesion and Integration Act.
According to court documents, the petitioners argued that State officers are required to exercise responsibility and restraint in public communication to prevent politically driven ethnic tensions and violence.
“The constitutional questions raised in this Petition must be understood within the historical context of Kenya's experience with politically instigated ethnic tensions and violence,” the petitioners stated.
They argued that Cabinet Secretaries, because of their positions, have a responsibility to promote national unity and cohesion rather than contribute to political or ethnic divisions.
The petitioners acknowledged that the Constitution protects freedom of expression but maintained that the right has limitations where speech threatens the dignity, safety and rights of communities.
“Constitutional democracy protects robust political debate but does not protect communication that undermines the equal dignity and security of communities,” the petition reads.
They cited Article 33(2) of the Constitution, arguing that constitutional protection does not cover incitement to violence or hate speech that amounts to ethnic incitement.
To support their case, the petitioners referenced the 1994 Rwanda genocide, arguing that courts should act early whenever there are concerns over language that could fuel ethnic hostility.
They want the court to find that Duale used ethnic slurs, dehumanising language and expressions amounting to ethnic vilification, and that his conduct violated constitutional requirements for public leadership.
“The 2nd Respondent has acted in a manner inconsistent with the constitutional requirements of leadership and integrity and is constitutionally unfit to continue serving as a Cabinet Secretary or in any State office,” the petitioners stated.
The petitioners have also asked the court to compel Duale to appear before the National Cohesion and Integration Commission (NCIC) to respond to summons issued over the matter.
They argued that failure to honour lawful summons undermines principles of accountability, transparency and integrity expected from public officials.
The case will now await further directions from the High Court as parties respond to the allegations raised in the petition.