Senior government officials in Kenya are continuing to engage in political campaigning for President William Ruto’s 2027 re-election bid, despite a High Court ruling that prohibits early electioneering by State officers.

In June, the High Court declared that premature campaigns by public officials violate constitutional rights, including the right to fair elections, equality before the law, and national cohesion. The ruling, delivered by Justices Hedwig Ong’udi, Patricia Gichohi, and Heston Nyaga, directed the Attorney-General to prepare a draft law within 12 months to regulate when and how political campaigns may be conducted. 

The court noted that persistent politicking outside the official electoral period threatens economic stability and undermines the public’s right to development.

Nonetheless, key figures within the executive and legislature have openly backed President Ruto’s second-term ambitions. 

National Assembly Speaker Moses Wetang’ula and Senate Speaker Amason Kingi have publicly endorsed Ruto, often using slogans such as “kumi bila break” and “tutam” to express continued support. Their involvement has raised concerns about the neutrality of constitutional office holders.

Several Cabinet secretaries have also made political statements during official functions. Public Service Cabinet Secretary Geoffrey Ruku, Interior’s Kipchumba Murkomen, ICT’s William Kabogo, Lands and Housing’s Alice Wahome, and Health’s Aden Duale have all voiced support for Ruto’s re-election. 

Mr Ruku has also campaigned for a United Democratic Alliance candidate in Mbeere North, a constituency he previously represented in Parliament. Legal experts have pointed to a lack of clarity in the law regarding political activity by State officers. Constitutional lawyer Clifford Asuna explained that while neutrality is a legal requirement, its scope remains contested. 

“These individuals are political appointees, and their roles are inherently tied to political processes,” he said.

Busia Senator Okiya Omtatah has criticised the use of public platforms for political messaging, arguing that the public can distinguish between government communication and partisan campaigning. “We are not fools,” he said. “Chants of ‘tutam’ do not reflect national policy.”

Former Deputy President Rigathi Gachagua also took issue with the conduct of the parliamentary speakers, accusing them of neglecting their constitutional duties in favour of political mobilisation. Former Attorney-General Justin Muturi has urged Parliament to enact clear legislation to prevent the misuse of State resources for political purposes. 

“State officers do not serve the president; they serve the Constitution,” he said. “Using public office to campaign for any candidate is a clear abuse.”

The High Court’s decision followed a petition by Kituo Cha Sheria, a legal advocacy group that sought to address unchecked political activity during the 2022 General Election. The judges warned that allowing continuous campaigns by public officials risks politicising public service and weakening democratic institutions.