A petition has been filed at the Milimani Law Courts seeking to stop the implementation of a section of the new Conflict of Interest Act, 2025, which permits Cabinet Secretaries and County Executive Committee Members to participate in political activities.
The case, lodged by activist Mwawura Kabata and Embakasi East MP Babu Owino, targets Section 25 of the Act, arguing that it is unconstitutional, discriminatory, and undermines the neutrality expected of public officers.
Through a certificate of urgency, the petitioners are asking the court to issue immediate conservatory orders restraining the Attorney General, all Cabinet Secretaries, and senior State officers from engaging in political campaigns or supporting any political party pending the hearing and determination of the matter.
Kabata cites a political rally held in Kieni, Nyeri County, on April 2, 2025, where several State officers were reportedly seen participating in partisan activities, warning that such conduct demonstrates how the law is already eroding the independence of public service.
The petitioners argue that exempting Cabinet Secretaries and County Executive Members from political restrictions that bind other State officers offends Article 75 of the Constitution, which upholds integrity, impartiality, and avoidance of conflicts of interest in public service.
They further contend that the new law violates the Leadership and Integrity Act, 2012, and weakens key governance safeguards meant to ensure accountability and political neutrality among public officials.
The petitioners want the court to declare Section 25 unconstitutional, null, and void, and to issue a permanent injunction restraining State officers from engaging in any political activity.
Kabata maintains that the case is of great public interest and calls on the Judiciary to act urgently to protect constitutionalism, the rule of law, and the independence of the public service
