A petition has been filed at the Milimani Law Courts seeking to suspend the implementation of a controversial section of the Conflict of Interest Act No. 11 of 2025, which permits Cabinet Secretaries and County Executive Committee Members to engage in political activities.
The petition, filed by Embakasi East MP Babu Owino and activist Mwaura Kabata, challenges Section 25 of the new law, arguing that it is unconstitutional, discriminatory, and undermines political neutrality within the public service.
In a certificate of urgency, the petitioners are asking the court to issue conservatory orders restraining the Attorney General, Cabinet Secretaries, and other senior state officers from participating in political campaigns or supporting any political party or candidate pending the case’s determination.
Babu and Kabata cite recent political rallies, including one held in Kieni, Nyeri County, on April 2, 2025, as evidence of growing political involvement by state officers, including members of the National Police Service. They argue that such participation constitutes a conflict between public and personal interests, contravening the Leadership and Integrity Act (2012) and Article 75 of the Constitution.
“The exemption of Cabinet Secretaries and members of County Executive Committees from restrictions imposed on other State officers is discriminatory and directly conflicts with the Constitution,” reads part of the petition.
The petitioners are seeking declarations that Section 25 of the Act is unconstitutional, null, and void. They also want a permanent injunction barring state officers from engaging in political activities that compromise neutrality and impartiality.
They maintain that the matter is of great public importance, urging the court to act swiftly to safeguard constitutionalism, good governance, and the rule of law.
