The petition is challenging a section of the newly enacted Conflict of Interest Act No. 11 of 2025, which permits Cabinet Secretaries and County Executive Committee Members to engage in political activities.
Petitioners Mwaura Kabata and Babu Owino are seeking conservatory orders suspending the implementation of Section 25 of the Act, terming it unconstitutional, discriminatory, and a threat to political neutrality in public service.
In a certificate of urgency, the petitioners want the court to immediately restrain the AG, Cabinet Secretaries and other senior State officers from engaging in political campaigns or supporting any political party or candidate pending the hearing and determination of the case.
Babu and Kabata argue that recent political rallies, particularly one held in Kieni, Nyeri County, on April 2, 2025, exposed growing political involvement by state officers, including members of the National Police Service.
The petition claims that such actions amount to a conflict between public and personal interests, in violation of the Leadership and Integrity Act (2012) and the Constitution.
“The exemption of Cabinet Secretaries and members of County Executive Committees from restrictions imposed on other State officers is discriminatory and directly conflicts with Article 75 of the Constitution,” reads part of the petition.
The petitioners further contend that the impugned section undermines the principles of neutrality, objectivity, and impartiality required of public servants, warning that failure to suspend its implementation would lead to continued constitutional violations.
Among the reliefs sought are declarations that Section 25 of the Conflict of Interest Act is unconstitutional, null, and void, and a permanent injunction restraining all State officers from participating in political campaigns or activities that compromise their neutrality.
Petitioners insist that the matter is of great public importance, calling on the court to act urgently to safeguard the rule of law, constitutionalism, and good governance.
