NAIROBI, Kenya- Tourism and Wildlife Cabinet Secretary Rebecca Miano has asked the High Court to strike out a petition accusing her of engaging in partisan political activities, arguing that the dispute falls within the constitutional mandates of the Ethics and Anti-Corruption Commission (EACC) and the Independent Electoral and Boundaries Commission (IEBC), rather than the court.
In a preliminary objection filed before the High Court, Miano contends that the petition is premature and incompetent because the petitioner failed to exhaust the dispute resolution mechanisms provided under the Constitution and relevant statutes before seeking judicial intervention.
She argues that Article 79 of the Constitution, together with the Ethics and Anti-Corruption Commission Act, vests the EACC with the mandate to receive complaints and investigate allegations of abuse of office and breaches of integrity involving State and public officers.
Miano further states that Article 88(4)(e) of the Constitution, read together with the Independent Electoral and Boundaries Commission Act, grants the IEBC the authority to resolve election-related disputes within its jurisdiction.
According to the Cabinet Secretary, the issues raised in the petition should first have been presented before the two constitutional commissions instead of being filed directly before the High Court.
Doctrine of Exhaustion
Miano argues that petitioner Francis Awino failed to exhaust the available statutory and constitutional dispute resolution mechanisms before instituting the proceedings, contrary to the doctrine of exhaustion of administrative remedies.
She further submits that the petition improperly invites the High Court to undertake investigative functions that are exclusively reserved for the EACC.
In the preliminary objection, Miano maintains that both the petition and the accompanying application dated July 21, 2026, amount to an abuse of the court process and should be struck out with costs.
Petitioner Seeks Conservatory Orders
Awino moved to court accusing the Cabinet Secretary of engaging in partisan political activities while serving in office, contrary to constitutional principles governing the conduct of State officers.
He is seeking orders barring Miano from participating in political campaigns, political mobilisation activities, electoral endorsement events and from allegedly using government resources to advance partisan political interests while serving as Cabinet Secretary.
The petitioner has also asked the court to issue conservatory orders restraining Miano from engaging in the alleged activities pending the hearing and determination of the case.
