MP Babu Owino leads petition seeking to halt new Conflict of Interest law allowing political activity by state officers
The petitioners argue that Conflict of Interest Act No. 11 of 2025 Section 25 — which exempts senior government officials from restrictions on political involvement — is unconstitutional, discriminatory, and threatens the neutrality of the public service.
Embakasi East MP Babu Owino and activist Mwaura Kabata have filed a petition at the Milimani Law Courts seeking to stop the implementation of the newly enacted Conflict of Interest Act No. 11 of 2025, which allows Cabinet Secretaries and County Executive Committee Members to take part in political activities.
The two petitioners argue that Section 25 of the Act — which exempts senior government officials from restrictions on political involvement — is unconstitutional, discriminatory, and threatens the neutrality of the public service.
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They are asking the court to issue conservatory orders suspending its implementation pending the determination of the case.
In a certificate of urgency filed before the High Court, Owino and Kabata want the Attorney General, all Cabinet Secretaries, and other State officers restrained from engaging in political campaigns or supporting any political party or candidate. They say this is necessary to preserve the integrity and impartiality of public institutions.
According to the petition, recent political events, including a rally held in Kieni, Nyeri County, on April 2, 2025, have exposed what the duo describes as "growing political involvement" by senior State officers — among them Cabinet members and members of the National Police Service.
They contend that such actions amount to a conflict between personal and public interests, contrary to the Leadership and Integrity Act, 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 reads in part.
The petitioners further claim that the contested provision undermines the principles of neutrality, objectivity, and impartiality expected of public servants, warning that allowing it to stand would erode public trust in governance.
Among the reliefs sought are declarations that Section 25 of the Act is unconstitutional, null, and void, and a permanent injunction barring all State officers from participating in political campaigns or activities that compromise their neutrality.
Owino and Kabata insist that the case raises matters of great public importance and urgency, urging the court to intervene to protect the rule of law, good governance, and constitutionalism.
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