Embakasi East MP Babu Owino has filed a petition at the Milimani Law Courts to prevent Cabinet Secretaries and state officials from engaging in political activities. The move targets Section 25 of the Conflict of Interest Act, 2025, which he argues is unconstitutional. The filing comes four weeks before the November 27 by-elections.
Embakasi East MP Babu Owino, alongside Law Society of Kenya Vice President Mwaura Kabata, lodged a petition at the Milimani Law Courts on October 27, 2025, seeking to halt political involvement by Cabinet Secretaries and other state officials. The petitioners challenge the implementation of Section 25 of the Conflict of Interest Act, 2025, which took effect on August 19. This section requires political neutrality from appointed public officers but exempts Cabinet Secretaries and members of County Executive Committees from such restrictions.
The petition argues that these exemptions are discriminatory and violate Article 75 of the Constitution, which emphasizes the integrity and neutrality of public officers. "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 filing states. It also claims the provision breaches the Leadership and Integrity Act of 2012 by allowing conflicts between public duties and personal political interests.
To illustrate their concerns, the petitioners referenced a rally in Kieni, Nyeri County, on April 2, where several state officers allegedly participated in partisan activities. They warn that such conduct erodes the independence of the public service. The duo has requested a certificate of urgency for conservatory orders to immediately bar the Attorney General, all Cabinet Secretaries, and senior state officers from political campaigns or party support until the case is resolved.
Among the remedies sought are a declaration that Section 25 is unconstitutional, null, and void, along with a permanent injunction against state officers' political participation. The petitioners emphasize the matter's public interest, urging the court to safeguard constitutionalism and the rule of law ahead of the upcoming by-elections.