Nairobi — Embakasi East MP Babu Owino and activist Mwaura Kabata have filed a petition at the Milimani Law Courts seeking to suspend the implementation of a new law that permits Cabinet Secretaries to engage in politics.
The two petitioners are challenging Section 25 of the Conflict of Interest Act, No. 11 of 2025, arguing that the clause allowing senior state officials to take part in political activities is unconstitutional and discriminatory.
In court papers seen on Monday, the pair argue that the section undermines Kenya’s long-standing principle of political neutrality within the civil service. They want the court to issue conservatory orders suspending the provision until the case is heard and determined.
“The exemption of Cabinet Secretaries and County Executive Committee Members from restrictions imposed on other State officers is discriminatory,” the petition reads in part. “It directly conflicts with Article 75 of the Constitution, which demands integrity and impartiality from all public officials.”
The petition also calls on the court to bar the Attorney General, Cabinet Secretaries, and other senior state officers from taking part in political rallies or campaigns while still in office.
Babu Owino and Kabata cited a recent political gathering in Kieni, Nyeri County, in April, where state officials — including members of the National Police Service — were allegedly involved in partisan activity. They said such actions represent a clear conflict between public duty and personal interest, violating both the Leadership and Integrity Act (2012) and the Constitution.
The petitioners warned that allowing Cabinet members to openly campaign risks eroding public trust and turning government offices into political platforms.
“Failure to suspend this law will open the door to continued violations of the Constitution,” they said.
Among the reliefs sought are declarations that Section 25 is null and void, and a permanent injunction restraining all State officers from engaging in political campaigns or activities that compromise neutrality.
Babu and Kabata described the matter as one of “great public importance”, urging the court to act quickly to protect constitutionalism, rule of law, and good governance.
The case is expected to rekindle debate over the separation between politics and public service, a principle that has long shaped Kenya’s governance system — and one that now faces its toughest test yet.
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