(2)
An appointed State Officer or public officer shall
not engage in any political activity that may compromise
or be seen to compromise the political neutrality of the
office subject to any laws relating to elections.
(3)
Without prejudice to the generality of sub-
section (2) a public officer shall not ──
(a)
Engage in the activities of any political party
or candidate or act as an agent of a political
party or a candidate in an election;
(b)
Publicly indicate support for or opposition
against any political party or candidate
participating in an election [Emphasis added.]
[329] The Petitioners submitted that since Cabinet Secretaries are State
Officers, they ought to be impartial, but that Section 23 above gives them
leeway for impartiality. The 3rd respondent contests that submission and
urges the Court to disregard it since the issue of unconstitutionality was not
pleaded in the petition but was only introduced as an argument in the
petitioners’ oral submissions. The 3rd respondent also urges that the
Supreme Court in exercise of its exclusive original jurisdiction cannot
adjudicate on the unconstitutionality of an Act of Parliament since that is a
matter within the domain of the High Court in exercise of its jurisdiction
under Article 165 (3) (d) of the Constitution.
Presidential
Petition
No.
1
of
2017
142
|
P a g e
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