Wamuzi News Ke
In a significant test of Kenya’s constitutional order, Embakasi East Member of Parliament Babu Owino has filed an urgent petition at the Milimani Law Courts seeking a conservatory injunction to prevent Cabinet Secretaries (CSs) and other senior state officials from engaging in political campaigns or party activities.
The Legal Move
On Monday, October 27, 2025, MP Owino – joined by Law Society of Kenya (LSK) Vice-President Mwaura Kabata – formally challenged Section 25 of the newly enacted Conflict of Interest Act 2025, arguing it violates constitutional protections and perpetuates discrimination against public servants.
Key to the petition is the demand for the court to declare the relevant section unconstitutional, null and void, and to issue a permanent injunction barring state officers – excluding CSs and County Executive Committee members – from partisan engagements until the matter is resolved.
Grounds of Challenge
The petition centres on the claim that Section 25’s exemptions for CSs and county executive members create an unequal regulatory framework, in direct conflict with Article 75 of the Constitution, which mandates fairness and equality before the law. The petitioners contend:
- The exclusion of CSs from the restriction renders the law discriminatory and undermines the impartiality of the public service.
- Participation of senior state officials in political rallies—such as one in Kieni, Nyeri County on April 2, 2025—infringes the neutrality expected of the public service and violates the leadership and integrity standards.
- Unless restrained, the current legal regime will institutionalise partisan activity among key appointment-holders, thereby eroding public trust and compromising governance.
Why This Is Urgent
The petition arrives at a politically charged moment: just weeks ahead of by-elections and in the buildup to the 2027 general election. Analysts say that a ruling in favour of Owino would radically alter how government officials can engage politically, while a rejection would potentially legitimise existing political practices.
For the public service, this poses high stakes: a decision either reinforcing neutrality or enabling deeper political entanglement. For the government, the outcome may determine whether appointed office-holders continue active partisanship with impunity.
What Happens Next
The court will consider the motion for conservatory relief first — if granted, it would immediately bar CSs and senior officials from participating in political events. A full hearing on the constitutionality of Section 25 is expected to follow. Until a ruling is delivered, the public service remains in a state of legal limbo.
