Strict Adherence to Political Neutrality Demanded

The Public Service Commission (PSC) has issued a stern directive to all public officers, reminding them of their legal obligation to maintain political neutrality ahead of the widespread by-elections scheduled for Thursday, November 27, 2025, EAT. In a circular dated Tuesday, November 4, 2025, and signed by PSC Vice Chairperson Mary Kimonye, the commission reiterated that any public servant found engaging in political activities will face disciplinary action in accordance with public service regulations. This warning underscores the government's effort to ensure the impartiality of the public service during the electoral period.

The directive is anchored in a robust legal framework designed to separate public administration from politics. The PSC specifically cited multiple laws that prohibit civil servants from participating in political campaigns or demonstrating allegiance to any political party or candidate. “Any public officer found in breach of the above legal and policy provisions will be subjected to disciplinary action in accordance with the prevailing service regulations,” the circular stated, highlighting potential consequences such as suspension or termination of employment.

Legal Framework Underpinning the Directive

The commission’s warning is grounded in several key pieces of legislation. A primary requirement is stipulated in Section 43(5)(A) of the Elections Act (Cap. 7), which mandates that any public officer intending to contest in an election must resign from their position within seven days of the declaration of the vacancy. Failure to do so results in disqualification from the race.

Furthermore, the PSC's circular draws authority from:

• The Political Parties Act (Cap. 7D), Section 12(c) and (d): This section explicitly forbids public officers from engaging in political activities that may compromise, or be seen to compromise, the political neutrality of their office. It also prohibits them from publicly indicating support for or opposition to any political party or candidate.
• The Leadership and Integrity Act (Cap. 185C), Section 23: This act reinforces the principle of political neutrality, barring appointed state and public officers from acting as agents for a political party, manifesting support for a candidate, or engaging in any political activity that could jeopardise the impartiality of their office.
• The Conflict of Interest Act, 2025, Section 25(1): This recent legislation bars public officers from participating in political campaigns or acting as agents for political parties.
• The Public Officer Ethics Act, 2003, and the Public Service Code of Conduct and Ethics (Revised 2016): These regulations collectively establish the ethical standards that require impartiality and prevent the use of public office for political gain.

To ensure compliance, the PSC has directed all government ministries, state departments, and agencies to submit the names of any officers who have tendered their resignations to participate in the upcoming polls.

Context: The November 27 By-Elections

The Independent Electoral and Boundaries Commission (IEBC) has scheduled by-elections on Thursday, November 27, 2025, to fill numerous vacancies across the country. These polls are significant as they will fill one Senate seat for Baringo County, and six National Assembly seats for Banissa, Kasipul, Magarini, Malava, Mbeere North, and Ugunja constituencies. Additionally, 17 Member of County Assembly (MCA) wards in various counties will hold elections.

The IEBC announced that the official campaign period for these elections began on Wednesday, October 8, 2025, and will conclude on Monday, November 24, 2025, 48 hours before polling day. The commission has urged all candidates and parties to adhere to the Electoral Code of Conduct to ensure a peaceful process. The enforcement of political neutrality among public officers is seen as a critical component in maintaining the integrity and fairness of these electoral contests, preventing the misuse of public resources and influence in campaigning.