Petitioners Move to Court to Challenge Law Allowing Cabinet Secretaries’ Political Involvement
Among the orders sought is that Section 25 of the Conflict of Interest Act is unconstitutional and is therefore null and void.
The document further argues that Article 75 of the Constitution expressly prohibits State officers from behavior that compromises their objectivity, impartiality, or integrity. Photo/Courtesy
By Ruth Sang
Two petitioners, Babu Owino and Mwaura Kabata, have petitioned the Milimani Law Courts to suspend a section of the new Conflict of Interest Act No. 11 of 2025. The section permits Cabinet Secretaries and County Executive Committee Members to engage in political activities. The duo argues that the section of the legislation is unconstitutional, discriminatory, and undermines the political neutrality of public officers.
The two, in their petition, seek conservatory orders to temporarily halt the enforcement of Section 25 of the Act, pending the hearing and determination of the matter. They claim that the legislation is contrary to the Constitution of Kenya and the Leadership and Integrity Act of 2012, which envision impartiality and nonpartisan conduct on the part of state officers.
In the certificate of urgency, Owino and Kabata seek to have the court bar the Attorney General, Cabinet Secretaries, and other high-ranking State officers from participating in political campaigns or identifying with any political formation with immediate effect. They argue that the new trend where senior government officers are openly participating in and speaking at political rallies is a serious threat to the doctrine of neutrality in the public service.
Citing a rally in Kieni, Nyeri County, on April 2, 2025, the petitioners claim the meeting illustrated the growing participation of state officers, including members of the National Police Service, in politics. They aver that such participation has the consequence of directly setting individual political interests against official public duties.
According to the petition, exempting Members of the County Executive Committee and Cabinet Secretaries from political prohibitions imposed on other public officers amounts to unfair discrimination. The document further argues that Article 75 of the Constitution expressly prohibits State officers from behavior that compromises their objectivity, impartiality, or integrity.
The petitioners warn that if the questioned section is not removed, it can serve to erode public confidence in government and the country’s democratic institutions. The petitioners emphasize that public officers must be impartial, neutral, and accountable to all citizens, and not to politicians or political parties.
Among the orders sought is that Section 25 of the Conflict of Interest Act is unconstitutional and is therefore null and void. They also seek a permanent injunction against all State officers from engaging in political activities that can undermine their impartiality.
The petitioners describe the case as one of great public interest, and they would wish the court to act with haste in protecting constitutionalism, the rule of law, and good governance in Kenya.
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