that every Cabinet Secretary swears or affirms to have obedience to the Constitution of Kenya and ought therefore to be impartial in political contests as is required under the Constitution. [327] In a supplementary affidavit sworn by Olga Karani, the petitioners list various incidences in which, they claim that Cabinet Secretaries campaigned for the 3rd respondent. At paragraph 10 of the said affidavit, the deponent avers that, Mr. Joe Mucheru, the Cabinet Secretary in charge of Information, Communication and Technology, at an interview conducted by a local television station, stated that he was at liberty to campaign for the 3rd respondent because no law barred him from doing so. Other Cabinet Secretaries also mentioned in Ms. Karani’s affidavit includes; Eugene Wamalwa, Mwangi Kiunjuri and Najib Balala. [328] The petitioners in their submission on these issues, brought to the attention of the Court what they consider to be an inconsistency in the law and in this respect, they urged the Court to declare Section 23 of the Leadership and Integrity Act to be unconstitutional. In that regard, Section 23 provides: (1) An appointed State officer, other than a Cabinet Secretary or a member of a County executive committee shall not, in the performance of their duties── (a) Act as an agent for, of further the interests of a political party or candidate in an election; or (b) Manifest support for or opposition to any political party or candidate in an election. Presidential  Petition  No.  1  of  2017                                                                                                                                                                                                            141  |  P a g e