Ben Murumbi Sihanya & another v Ethics and Anti-Corruption Commission; Registrar of Political Parties & another (Interested Parties) [2021] KEELRC 204 (KLR)

Article 260 defines a public officer as any state officer or any person holding a 'public office', and defines public office as an office in the national government, a county government or public service if the officer's remuneration and benefits are payable directly from the consolidated fund or out of money provided by Parliament. The Court found it common cause that a lecturer at a public university is primarily remunerated out of money provided by Parliament. The University of Nairobi, a statutory body, is also governed by the public service values in Article 232(2)(b) applicable to all state corporations.

Having found the 1st petitioner a public officer prohibited from holding office in a political party, the Court reasoned that holding the office of lecturer at a public university while simultaneously holding an appointed office in a dominant political party amounts to continuous political activity that may compromise the political neutrality of the office. Although a lecturer enjoys academic freedom and may express political opinions, appointment or election to party office requires relinquishing the public position. The EACC's edict, which did not treat the conduct as a deliberate violation and offered a voluntary remedy, was therefore lawful, fair and just.