Two petitioners, Embakasi East MP Babu Owino and activist Mwaura Kabata, have moved to court seeking to suspend a section of the new Conflict of Interest Act that allows Cabinet Secretaries and County Executive Committee Members to take part in political activities.
The petition, filed at the Milimani Law Courts, challenges Section 25 of the Act, terming it unconstitutional, discriminatory, and a direct threat to political neutrality in public service.
Through a certificate of urgency, the petitioners are asking the court to issue conservatory orders restraining the Attorney General, Cabinet Secretaries, and other senior state officers from participating in political campaigns or supporting political parties pending the case’s determination.
The two argue that recent rallies including one in Kieni, Nyeri County have exposed a growing trend of political involvement by state officers, including members of the National Police Service. They claim such participation violates the principles of impartiality and objectivity outlined in the Constitution and the Leadership and Integrity Act (2012).
“The exemption of Cabinet Secretaries and County Executive Committee Members from restrictions imposed on other state officers is discriminatory and unconstitutional,” the petition reads in part.
Babu and Kabata now want the court to declare Section 25 null and void, insisting that the law undermines the spirit of good governance and fair competition. They argue that failure to suspend it will open the door to deeper politicization of the civil service and continued abuse of public office.
The petitioners describe the case as a matter of national importance, urging the court to act swiftly to safeguard constitutionalism, accountability, and the rule of law.
