A petition has been filed at the Milimani Law Courts seeking to suspend the implementation of a contentious provision in the newly enacted Conflict of Interest Act No. 11 of 2025, which allows Cabinet Secretaries (CSs) and County Executive Committee (CEC) members to take part in political activities.
The petition, filed by Mwaura Kabata and Embakasi East MP Babu Owino, challenges Section 25 of the Act, arguing that it is unconstitutional, discriminatory, and poses a serious threat to political neutrality in public service.
Through a certificate of urgency, the petitioners are asking the court to issue conservatory orders stopping the Attorney General, Cabinet Secretaries, and other senior state officers from engaging in political campaigns or supporting political parties or candidates until the matter is heard and determined.
Petitioners cite breach of neutrality and integrity
Kabata and Owino point to recent political rallies notably one held in Kieni, Nyeri County, on April 2, 2025 as evidence of increasing political involvement by public officers, including members of the National Police Service.
They argue that such participation constitutes a conflict between public duties and personal political interests, in violation of the Leadership and Integrity Act (2012) and Article 75 of the Constitution, which demands political impartiality among state officers.
“The exemption of Cabinet Secretaries and County Executive Committee Members from restrictions that bind other State officers is discriminatory and directly contradicts the Constitution,” reads part of the petition.
Constitutional challenge and reliefs sought
The petitioners contend that allowing top government officials to engage in politics undermines the principles of neutrality, objectivity, and impartiality that are essential to effective governance. They warn that failure to halt the implementation of the provision could lead to ongoing constitutional violations.
Among the reliefs sought are:
- A declaration that Section 25 of the Conflict of Interest Act is unconstitutional, null, and void;
- A permanent injunction restraining all State officers from taking part in political campaigns or activities that compromise their neutrality.
The petitioners maintain that the issue is of great public interest, urging the court to act swiftly to uphold the rule of law, constitutionalism, and good governance.
