Embakasi East MP Babu Owino and Law Society of Kenya (LSK) Vice-President Mwaura Kabata have filed a petition in court seeking to block Cabinet secretaries from engaging in political activities, arguing that such involvement compromises the impartiality of their offices.
They also want the High Court to declare Section 25 of the Conflict of Interest Act, 2025 unconstitutional.
In their petition, the two state that the section grants Cabinet secretaries and county executive committee members the freedom to back or oppose any political party or participate in political activities, contrary to constitutional principles.
“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 exempting Cabinet secretaries and county executives from political restrictions is discriminatory since other State officers are barred from supporting or opposing any political interests or engaging in partisan activities.
They accuse more than 20 Cabinet secretaries of openly taking part in political rallies and campaigns, including supporting party candidates ahead of the November 27 by-elections.
“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,” Kabata stated in the petition.
Owino and Kabata argue that the authority vested in Cabinet secretaries and State officers is a public trust that must be exercised in a way that upholds confidence in public institutions.
They also cited an April 2, 2025 rally in Kieni, Nyeri County, attended by President William Ruto, where Inspector-General of Police Douglas Kanja allegedly made political remarks that, according to them, undermined the independence of the National Police Service.
They said the comments were inappropriate, avoidable, and raised institutional concerns.
