A fresh legal battle has landed before the Milimani High Court challenging a new provision in the Conflict of Interest Act that gives Cabinet Secretaries room to openly participate in partisan politics.
The petition, lodged by activists Mwaura Kabata and Embakasi East MP Babu Owino, is asking the court to suspend Section 25 of the Act, arguing that it erodes political neutrality in the public service and opens the door for State officers to meddle in campaigns.
In an application filed under a certificate of urgency, the two want conservatory orders issued immediately to prevent Cabinet Secretaries, County Executive Committee Members and other senior public officials from taking part in political activities until the case is concluded.
They contend that the contested section of the law contradicts long-standing constitutional safeguards designed to insulate public offices from partisan influence. According to them, it creates an uneven playing field by exempting high-ranking officials from restrictions that still bind other State officers.
The petitioners point to recent political events including a rally held in Kieni, Nyeri County on April 2, 2025 as evidence that members of the Executive are already exploiting the exemption to campaign for political causes. They further claim that uniformed officers have begun to drift into such spaces, blurring the line between state authority and party interests.
Kabata and Babu argue that this trend risks entrenching bias in the performance of official duties and offends Article 75 of the Constitution, alongside the Leadership and Integrity Act of 2012, which both emphasise impartiality and restraint from partisan engagement.
Their filing urges the court to declare Section 25 unconstitutional and strike it out entirely, while issuing a permanent injunction barring any State officer from championing political interests.
They describe the matter as urgent and of significant public interest, warning that unless the court intervenes, the country could witness a dangerous fusion of state power and political activism.
