Embakasi East MP Babu Owino has moved to court seeking to block Cabinet Secretaries and senior government officials from taking part in political activities.
In a petition filed at the Milimani Law Courts, Owino and Law Society of Kenya (LSK) Vice President Mwaura Kabata are challenging Section 25 of the recently enacted Conflict of Interest Act, 2025, arguing that it violates the Constitution and promotes unfair treatment among state officers.
The two petitioners want the courts to suspend the implementation of the section, which allows Cabinet Secretaries and County Executive Committee Members to participate in political affairs while restricting other state officers. They argue that this exemption undermines the principles of neutrality and integrity expected in public service.
“The exclusion of Cabinet Secretaries and county executives from these restrictions is discriminatory and in direct violation of Article 75 of the Constitution,” the petition reads in part.
In their application, the duo is also seeking conservatory orders to temporarily bar state officials including the Attorney General, all Cabinet Secretaries, and other senior officers from engaging in political campaigns or publicly supporting political parties until the case is heard and determined.
They cited a political rally held in Kieni, Nyeri County, on April 2, where several state officers allegedly participated in partisan events, arguing that such actions demonstrate how the law is already weakening the independence of the public service.
According to the petitioners, this behaviour represents a clear conflict between personal and official interests, contrary to the Leadership and Integrity Act (2012) and the Constitution.
They are urging the Judiciary to act swiftly, terming the case one of “great public interest,” saying it touches on constitutionalism, good governance, and the rule of law.
Section 25 of the Conflict of Interest Act, 2025, which took effect on August 19, emphasizes political neutrality for state officers but carves out exceptions for Cabinet Secretaries and County Executive Committee Members a provision now at the heart of the legal battle.
