Africa-Press – Kenya. Embakasi East MP Babu Owino has filed a petition at the Milimani Law Courts seeking to stop all Cabinet Secretaries (CSs) and state officials from engaging in political activities.
In the petition, the MP and the Law Society of Kenya (LSK) Vice President Mwaura Kabata are seeking to bar the implementation of Section 25 of the new Conflict of Interest Act, 2025, arguing it is unconstitutional, discriminatory, and undermines the neutrality expected of public officers.
They are seeking to specifically bar the Attorney General, all Cabinet Secretaries, and senior State officers from engaging in political campaigns or supporting any political party pending the hearing and determination of the matter.
In a certificate of urgency, they are asking the court to issue immediate conservatory orders for the same.
“The exemption of Cabinet Secretaries and members of County Executive Committees from restrictions imposed on other State officers is discriminatory and directly conflicts with Article 75 of the Constitution,” part of the petition reads.
The petition cited a specific rally in Kieni, Nyeri County, on April 2, in which several state officers were reportedly seen participating in partisan activities.
The two petitioners warned that such conduct demonstrates how the law is already eroding the independence of public service.
As such, the petition claims that such actions amount to a conflict between public and personal interests, in violation of the Leadership and Integrity Act (2012) and the Constitution.
Among the orders they are seeking is that the section be unconstitutional, null, and void, as well as a permanent injunction restraining all State Officers from participating in political campaigns or activities.
They maintain that the case is of great public interest and call on the Judiciary to act urgently to protect constitutionalism, the rule of law, and the independence of the public service.
Section 25 of the Conflict of Interest Act, 2025, came into effect on August 19 and mandates political neutrality for appointed public officers, with exceptions for Cabinet Secretaries and County Executive Committee members.
It prohibits all other state officers from engaging in political activities that could compromise or be seen to compromise the neutrality of their office.
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