Embakasi East MP Babu Owino and Law Society of Kenya (LSK) Vice President Mwaura Kabata have filed a court case to bar ministers from engaging in political campaigns. They argue that this violates their office's duty of impartiality. They seek a High Court declaration that Section 25 of the Conflict of Interest Act 2025 is unconstitutional.
Babu Owino and Mwaura Kabata have approached the High Court seeking to prohibit national and county government ministers from participating in political activities. They contend that such involvement breaches Article 75 of the Constitution, which mandates state officers to demonstrate conduct free from conflicts between personal interests and public or official duties.
According to the petition, Section 25 of the Conflict of Interest Act No. 11 of 2025 permits ministers to oppose or support political party interests or engage in activities that could undermine their offices' impartiality. The petitioners argue this discriminates against other public officers barred from politics under Section 23(2) of the Leadership and Integrity Act 2012, which prohibits interference with their duty of political neutrality.
They claim more than 20 national ministers have been captured by media engaging in campaigns, seeking endorsements for candidates in by-elections scheduled for November 27, 2025. “That pending the hearing and determination of this petition, this Honourable Court be pleased to issue an order suspending the operation of Section 25 of the Conflict of Interest Act No. 11 of 2025,” Kabata stated in the petition.
The petitioners emphasize that public authority is held for public benefit and must preserve public trust in those offices. They reference an April 2, 2025, incident during President William Ruto's rally in Kieni, Nyeri, where Inspector General of Police Douglas Kanja was alleged to have involved the National Police Service (NPS) in politics. They stress that officers are accountable to serve citizens, not to rule over them.