“…We’ve seen a worrying inability by the IEBC to enforce the electoral code of conduct. We’ve seen the government using its record in office and public-funded projects as campaign tools for Jubilee. We’ve seen cabinet secretaries and principal secretaries who are paid by taxpayers’ money deployed to campaign for the Jubilee Party...”

- Raila Odinga speaking at the National Elections Conference at the Kenyatta International Convention Center on June 13

Are government officials involved in campaigning?

The conduct of government officers is governed in part by the Electoral Offences Act. The fact that the government may be in conflict with this law has already been pointed out in prior news reports.

Section 14 (2) of the Act states that “No government shall publish any advertisements of achievements of the respective government either in the print media, electronic media, or by way of banners or hoardings in public places during the election period.”

So, for example, the government’s delivery portal is published by a government and therefore contravenes that law. However, if such a portal were created by a political party, outside the government, it could conceivably be within the law.

Section 15 (1) (c) of the Act prohibits public officers from engaging in political campaigns. Members of the government, such as Cabinet Secretaries appearing on television or electronic media in those capacities would be against that law.

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