Legal Challenge to Political Neutrality

NAIROBI, KENYA – On Monday, October 27, 2025 (EAT), Embakasi East Member of Parliament Babu Owino and the Law Society of Kenya (LSK) Vice President Mwaura Kabata filed a petition seeking to bar Cabinet Secretaries (CSs) and other senior state officials from participating in political activities. The case, lodged at the Milimani Law Courts under a certificate of urgency, targets Section 25 of the recently enacted Conflict of Interest Act, 2025, which the petitioners argue is unconstitutional.

The Core of the Petition

The central argument of the petition is that Section 25 of the Act unlawfully exempts Cabinet Secretaries and County Executive Committee Members from the requirement of political neutrality that binds other state officers. According to court documents, this provision is in direct contradiction with Article 75 of the Constitution of Kenya, which mandates that state officers must behave in a manner that avoids any conflict between personal interests and official duties. The petitioners contend that allowing CSs to engage in political campaigns, endorse candidates, or support political parties compromises the integrity and impartiality expected of their offices. The lawsuit also claims this exemption is discriminatory.

Constitutional and Statutory Conflicts

The legal challenge highlights a clash between the new Conflict of Interest Act, which came into force on August 19, 2025, and pre-existing legal frameworks. The petitioners argue that the actions of several cabinet members on the campaign trail violate not only the Constitution but also Section 23 of the Leadership and Integrity Act of 2012. This Act explicitly prohibits state officers from engaging in political activities that could compromise, or be seen to compromise, the neutrality of their office. The petition cites specific instances of alleged political activism by state officials, including a rally in Kieni, Nyeri County, on April 2, 2025, as evidence of the erosion of public service independence.

Implications for Governance in Kenya

Should the court grant the petitioners' requests, the ruling could have significant ramifications for governance in Kenya. Owino and Kabata are seeking conservatory orders to immediately suspend the implementation of Section 25 and restrain all CSs and senior state officers from engaging in political activities pending the case's final determination. A permanent injunction would fundamentally alter the role of the Cabinet, enforcing a stricter separation between executive duties and partisan politics. This could prevent the use of public office and resources for political leverage, particularly ahead of by-elections scheduled for November 27, 2025. The petitioners maintain that the issue is of great public interest and requires urgent judicial intervention to protect constitutionalism and the rule of law in Kenya.

The Disputed Legislation

The Conflict of Interest Act No. 11 of 2025 was signed into law on July 30, 2025, with the stated objective of providing a comprehensive framework for managing conflicts between public duty and private interests. It repealed the Public Officer Ethics Act and is administered by the Ethics and Anti-Corruption Commission (EACC). While the Act aims to enhance transparency and accountability, the inclusion of Section 25 has created a legal loophole that, according to the petitioners, undermines the very principles the law was meant to uphold. The outcome of this case will serve as a critical test for the interpretation of Chapter Six of the Constitution on Leadership and Integrity.