A petition has been filed at the Milimani Law Courts seeking to suspend the implementation of a section of the newly enacted Conflict of Interest Act, which allows Cabinet Secretaries and County Executive Committee Members to engage in political activities.
The case, lodged by Mwaura Kabata and Embakasi East MP Babu Owino, challenges Section 25 of the Conflict of Interest Act No. 11 of 2025. The petitioners argue that the provision is unconstitutional, discriminatory, and a direct threat to the political neutrality of public service.
In their application, Kabata and Owino are asking the court to issue conservatory orders stopping the Attorney General, Cabinet Secretaries, and other senior State officers from taking part in political campaigns or supporting any party or candidate until the matter is heard and determined.
The petitioners cite recent political rallies, including one held in Kieni, Nyeri County, on April 2, 2025, as evidence of rising political involvement by public officials, among them members of the National Police Service. They argue that such participation amounts to a conflict between public duty and personal interest, contrary to the Leadership and Integrity Act of 2012 and 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 Article 75 of the Constitution,” the petition states.
Kabata and Owino contend that the disputed section undermines the principles of neutrality, objectivity, and impartiality expected of public officers. They are seeking a declaration that Section 25 is unconstitutional, null, and void, and a permanent injunction restraining State officers from engaging in political activities.
The petitioners maintain that the case raises fundamental constitutional questions and urge the court to act swiftly to preserve the integrity of public service.
