Legal Challenge to Political Neutrality

Top officials in President William Ruto’s administration, including all Cabinet Secretaries and the Inspector-General of Police, are facing a significant legal challenge over their alleged participation in partisan political campaigns. A petition filed at the Milimani Law Courts in Nairobi by Embakasi East Member of Parliament Babu Owino and the Law Society of Kenya (LSK) Vice President Mwaura Kabata accuses the state officers of violating constitutional and statutory provisions that mandate their political neutrality. The lawsuit, lodged on Monday, 27 October 2025, argues that these officials have been using public resources and their official capacities to campaign for the ruling United Democratic Alliance (UDA) party ahead of the November 27, 2025 by-elections and the 2027 General Election.

“What we are witnessing is a dangerous collision between public duty and private political interest,” the petitioners state in their court filings. The case lists 21 respondents, including Attorney-General Dorcas Oduor, Prime Cabinet Secretary Musalia Mudavadi, all other Cabinet Secretaries, and Inspector-General of Police Douglas Kanja.

Controversial Law at the Center of the Dispute

At the heart of the petition is a challenge to the constitutionality of Section 25 of the Conflict of Interest Act, 2025, which came into effect in August 2025. This specific clause controversially exempts Cabinet Secretaries and County Executive Committee Members from the strict rules of political neutrality that bind other public and state officers. The petitioners argue this exemption is discriminatory and inconsistent with the Constitution.

The lawsuit contends that Section 25 directly conflicts with Article 75 of the Constitution, which requires state officers to avoid any conflict between personal interests and their official duties. It also cites Section 23 of the Leadership and Integrity Act, 2012, which prohibits state officers from engaging in political activity that could compromise the neutrality of their office. The petitioners are asking the High Court to issue a conservatory order suspending the implementation of Section 25 and to ultimately declare it null and void.

Specific Allegations of Campaigning

The court documents provide specific instances of alleged illicit political activity. The petitioners have submitted video clips from social media platforms as evidence, showing various Cabinet Secretaries at rallies across the country pledging loyalty to President Ruto’s re-election bid. For example, Public Service Cabinet Secretary Geoffrey Ruku is accused of actively drumming up support for a UDA candidate in the forthcoming Mbeere North by-election.

Inspector-General of Police Douglas Kanja is also singled out for his alleged appearance at a presidential rally in Kieni, Nyeri County, on April 2, 2025, where he reportedly made “overtly political remarks.” The petitioners argue that this conduct compromises the independence and neutrality of the National Police Service, which is legally mandated to be an impartial body. “The Inspector-General's conduct is deeply troubling... it set a dangerous precedent for law enforcement neutrality,” the petition asserts.

Implications for Governance and the 2027 Elections

This lawsuit raises critical questions about the separation of state and party politics in Kenya. The petitioners argue that allowing high-level state officers to engage in campaigns erodes public trust and creates an uneven playing field, particularly when state resources are involved. The case comes just weeks after the Public Service Commission (PSC) issued a circular on October 22, 2025, warning all public officers against engaging in politics ahead of the by-elections and reminding them of the legal requirement to resign before contesting.

The legal challenge will serve as a crucial test for the judiciary's role in enforcing the principles of leadership and integrity enshrined in Chapter Six of the Constitution. If the court grants the conservatory orders sought, it would immediately bar all Cabinet Secretaries and the Inspector General from participating in any political activities pending the final determination of the case. A final ruling that declares Section 25 unconstitutional would have far-reaching consequences, fundamentally redefining the boundaries for political appointees in government and potentially impacting the ruling party's strategy for the 2027 general elections.

As of Tuesday, 28 October 2025, the respondents had not issued a formal public response to the petition. The case is expected to be placed before a judge for directions on the application for interim orders.