By Robai Ludenyi
A fresh political and legal battle is unfolding at the Milimani Law Courts after legislators Mwaura Kabata and Babu Owino moved to court seeking to block the government from implementing a new law that allows Cabinet Secretaries to engage in politics.
The two petitioners are challenging Section 25 of the newly enacted Conflict of Interest Act No. 11 of 2025, which gives Cabinet Secretaries and County Executive Committee Members permission to take part in political activities. They argue that the law undermines the Constitution and weakens the long-standing tradition of neutrality in the public service.
Through a certificate of urgency, Kabata and Babu want the court to issue immediate conservatory orders stopping the Attorney General, Cabinet Secretaries, and other senior State officers from participating in political campaigns or supporting any political party while still in office. They say public officers must remain impartial and serve all Kenyans without political bias. The petitioners accuse the government of creating double standards by freeing top officials from rules that still apply to other State officers. They describe the exemption as discriminatory, unconstitutional, and a direct threat to integrity in leadership.
They cite a political rally held in Kieni, Nyeri County, on April 2, 2025, where senior State officials, including police officers, were seen participating in a political function. The petition argues that such involvement amounts to a conflict between personal and public interests, in clear violation of the Leadership and Integrity Act of 2012 and Article 75 of the Constitution.
Kabata and Babu are asking the court to declare Section 25 unconstitutional, null, and void, and to issue a permanent injunction restraining State officers from engaging in political campaigns or activities that compromise their neutrality. They insist that the case is not driven by politics but by a desire to defend the Constitution and protect the principles of good governance. “This matter is of great public importance,” they say. “If the law is not suspended, it will open the floodgates for political interference in public service and erode the trust Kenyans have in government institutions.”
The case is expected to attract widespread public interest as it touches on the delicate balance between politics and public administration, especially as the country edges closer to the 2027 general election.
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The author is Robai Ludenyi. Journalist and Media Innovator