Embakasi East MP Babu Owino and Law Society of Kenya (LSK) Vice-President Mwaura Kabata have gone to court seeking orders to bar Cabinet secretaries from engaging in political campaigns.
Apart from engaging in political activities that may be seen to compromise the political neutrality of their offices, the pair also wants the court to declare section 25 of the Conflict of Interest Act, 2025, unconstitutional.
The section, according to the petition, allows CSs and members of the county executive committee to support or oppose any political interests of a political party or engage in political activity.
Law Society of Kenya's new Vice President Mwaura Kabata takes his oath of office at the Rift Valley Sports Club in Nakuru on March 22, 2024.
Photo credit: Boniface Mwangi | Nation Media Group
“That the impugned Section is in direct conflict with Article 75 of the Constitution of Kenya, which demands State officers, whether in public and official life, in private life or in association with other persons to behave in a manner that avoids any conflict between personal interests and public interest or official duties,” the petition reads.
The petitioners argue that the exemption of CSs and county executive committee members from politics is discriminatory as it bars all other State officers from manifesting support for or opposition to any political interests of a political party or engaging in political activity.
They allege that more than 20 Cabinet ministers have been captured engaging in political campaigns, including rallying support for candidates of various parties in the forthcoming by-elections, which are scheduled for November 27.
“That pending hearing and determination of this application, this honourable court be pleased to issue a conservatory order suspending the continued implementation and operation of Section 25 of the Conflict of Interest Act No. 11 of 2025,” Mr Kabata said in the petition.
President William Ruto (right) chairs a Cabinet meeting at State House, Nairobi on November 14, 2024.
Photo credit: PCS
Mr Owino and Mr Kabata said the authority assigned to the Cabinet secretaries and State officers is a public trust that is meant to be exercised in a manner that promotes public confidence in the integrity of the office.
They cited an April 2, 2025 incident during a political rally led by President William Ruto in Kieni, Nyeri County, where Inspector-General of Police Douglas Kanja allegedly made remarks that raise serious institutional concerns for the National Police Service. They said that the remarks were not only political, but also avoidable and unwarranted.
The petition stated that section 23(2) of the Leadership and Integrity Act, 2012, prohibits state officers from engaging in political activities that may compromise or be seen to compromise the political neutrality of the offices they hold.
Further, section 23 (3) particularly commands state officers not to publicly indicate support for or opposition against any political party or candidate.
Mr Kabata said the Conflict of Interest Act was enacted into law to provide a framework for the regulation and management of real, apparent or potential conflict between public interest and private interest.
He said Article 2 (4) of the constitution is loud and clear to the extent that any law that is inconsistent with this constitution is void to the extent of the inconsistency, and any act or omission in contravention of this constitution is invalid.
“The inconsistency and unconstitutionality of the impugned section is so glaring and is self-evident and if this Honourable court does not move with speed and stop the illegal actions and conduct of the Respondents, then constitutional violations will continue against principles of good governance and leadership and integrity,” the petition stated.
