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Babu Owino Petitions Court to Stop Cabinet Secretaries from Engaging in Political Campaigns

Two petitioners have moved to the Milimani Law Courts seeking to suspend the implementation of the Conflict of Interest Act, 2025, arguing that it unlawfully permits Cabinet Secretaries to engage in politics. The case, filed by Mwaura Kabata and Embakasi East MP Babu Owino, targets Section 25 of the newly enacted law, which allows Cabinet Secretaries and County Executive Committee Members to participate in political activities. The petitioners argue that this clause is unconstitutional, discriminatory, and a direct threat to political neutrality within Kenya’s public service. In their certificate of urgency, the duo have asked the court to issue conservatory orders restraining the Attorney General, Cabinet Secretaries, and other senior State officials from carrying out political campaigns or endorsing any political party or candidate until the case is concluded in entirety. Babu and Kabata allude to recent political campaigns, particularly one in Kieni, Nyeri County, on April 2, 2025, as evidence of growing political activism by State actors, including members of the National Police Service. According to them, such conduct amounts to a clash between public duty and private political interest, violating both 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,” reads part of the petition. The petitioners also warn that the impugned section erodes the principles of neutrality, objectivity, and impartiality that define Kenya’s public service. They argue that if the court does not suspend its operation, violations of the constitution will go unchecked. Kabata and Owino are seeking declarations that Section 25 is null, void, and unconstitutional, and a permanent injunction prohibiting all State officers from engaging in political campaigns or activities that compromise their neutrality. They contend that the issue is of higher public interest, asking the court to move quickly to protect constitutionalism, the rule of law, and good governance in Kenya. Facebook Twitter WhatsApp Telegram

admin October 28, 2025 2 min read

The case, filed by Mwaura Kabata and Embakasi East MP Babu Owino, targets Section 25 of the newly enacted law, which allows Cabinet Secretaries and County Executive Committee Members to participate in political activities. The petitioners argue that this clause is unconstitutional, discriminatory, and a direct threat to political neutrality within Kenya’s public service.

In their certificate of urgency, the duo have asked the court to issue conservatory orders restraining the Attorney General, Cabinet Secretaries, and other senior State officials from carrying out political campaigns or endorsing any political party or candidate until the case is concluded in entirety.

Babu and Kabata allude to recent political campaigns, particularly one in Kieni, Nyeri County, on April 2, 2025, as evidence of growing political activism by State actors, including members of the National Police Service. According to them, such conduct amounts to a clash between public duty and private political interest, violating both 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,” reads part of the petition.

The petitioners also warn that the impugned section erodes the principles of neutrality, objectivity, and impartiality that define Kenya’s public service. They argue that if the court does not suspend its operation, violations of the constitution will go unchecked.

Kabata and Owino are seeking declarations that Section 25 is null, void, and unconstitutional, and a permanent injunction prohibiting all State officers from engaging in political campaigns or activities that compromise their neutrality.

They contend that the issue is of higher public interest, asking the court to move quickly to protect constitutionalism, the rule of law, and good governance in Kenya.