Energy CS Opiyo Wandayi Defends Political Party Engagement Despite Legal Concerns

Date:

NAIROBI, Kenya — Energy and Petroleum Cabinet Secretary Opiyo Wandayi has openly defended his continued active participation in the affairs of the Orange Democratic Movement (ODM), asserting that the Constitution recognises his right to engage in political activities even as he serves in the Executive.

Speaking at a political event, CS Wandayi said he considers himself a life member of ODM and rejects the notion that Cabinet Secretaries should refrain from party politics. 

He argued that the Constitution allows appointed state officers to engage in political affairs, and that his active role in his party reflects democratic freedom rather than a breach of ethical standards.

“I am a life member of ODM and continue to participate actively in the affairs of the party,” Wandayi said.

His remarks come amid an ongoing national debate over the role of Cabinet Secretaries in political activities, particularly as the country gears up for the 2027 General Election. 

While some critics argue that appointed state officers should remain politically neutral, recent legal interpretations have highlighted an evolving framework.

Under Kenya’s Conflict of Interest Act, 2025, Cabinet Secretaries are not expressly barred from participating in political campaigns. 

Officials such as Health Cabinet Secretary Aden Duale have publicly stated that the law does not restrict Cabinet Secretaries’ political activity, provided they uphold their official duties and disclose private interests appropriately.

However, the issue remains contentious. Civil society activists and some legal experts have filed petitions challenging aspects of Section 25 of the Act that allow Cabinet Secretaries and other senior officials to take part in partisan politics. 

Petitioners argue that the provision undermines constitutional safeguards intended to keep the civil service politically neutral — particularly under Article 75 of the Constitution and the Leadership and Integrity Act.

Critics contend that Cabinet Secretaries engaging openly in party politics could blur the lines between state functions and partisan interests, potentially skewing public resources and influence in favour of particular political outfits. 

Pending legal challenges against the provision could ultimately clarify these boundaries if the courts rule on the constitutionality of political engagement by appointed officials.

CS Wandayi also referenced his late predecessor and ODM leader, asserting that the late Raila Odinga supported the broad‑based government arrangement and that he and other party members in government aim to continue serving all Kenyans, not just party loyalists.

As the country approaches a politically charged period, the debate over the role of Cabinet Secretaries in party politics is likely to intensify, balancing questions of democratic rights, constitutional interpretation, and the imperative of political neutrality in the public service.

Joseph Muraya
Joseph Muraya
With over a decade in journalism, Joseph Muraya, founder and CEO of Y News, is a respected Communications Consultant and Journalist, formerly with Capital News Kenya. He aims to revolutionize storytelling in Kenya and Africa.

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