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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 take part in political activities.
The duo is challenging Section 25 of the newly enacted Conflict of Interest Act, 2025, arguing that it violates the Constitution by allowing Cabinet Secretaries and County Executive Committee Members to engage in partisan politics.
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In their petition, the two seek conservatory orders to halt the enforcement of the section, claiming it is unconstitutional, discriminatory, and undermines political neutrality in public service.
They want the court to restrain the Attorney General, Cabinet Secretaries, and other senior state officials from participating in political campaigns or backing any party or candidate until the case is heard and determined.
The petition cites a rally held in Kieni, Nyeri County, on April 2, 2025, as an example of increased political involvement by state officers, including members of the National Police Service.
According to the petitioners, allowing CSs and CECs to participate in politics creates a conflict between personal and public interests, contravening the Leadership and Integrity Act (2012) and Article 75 of the Constitution.
They argue that the exemption of these officers from restrictions imposed on other public officials undermines neutrality, impartiality, and professionalism in public service.
The petitioners are asking the court to declare Section 25 unconstitutional and null, and to issue a permanent injunction barring state officers from engaging in political activities that compromise their neutrality.
They stress that the case raises issues of great public importance and urge the judiciary to act swiftly to uphold constitutionalism and good governance.
