Babu Owino Sues Ruto Government Over Political Activities by Cabinet Secretaries
Embakasi East MP Babu Owino has moved to court to challenge the legality of certain provisions in the new Conflict of Interest Act, 2025.
The outspoken legislator, together with Law Society of Kenya (LSK) Vice President Mwaura Kabata, has filed a petition at the Milimani Law Courts seeking to stop all Cabinet Secretaries (CSs) and other senior State officers from taking part in political activities.
In their petition, the two argue that Section 25 of the Conflict of Interest Act, 2025, which allows Cabinet Secretaries and County Executive Committee (CEC) members to engage in political affairs, is unconstitutional, discriminatory, and undermines the neutrality expected of public servants.
They are asking the court to declare the section null and void and to issue orders stopping the Attorney General, Cabinet Secretaries, and all senior State officials from taking part in political campaigns or showing support for any political party while the case is being heard.
Through a certificate of urgency, the petitioners are also seeking immediate conservatory orders to prevent further breaches of the law. They insist that allowing Cabinet Secretaries to engage in politics while barring other State officers from doing so creates double standards in public service.
“The exemption of Cabinet Secretaries and members of County Executive Committees from the restrictions imposed on other State officers is discriminatory and directly conflicts with Article 75 of the Constitution,” the petition reads in part.
The two cite a rally held in Kieni, Nyeri County, on April 2, where several State officials were allegedly seen actively participating in partisan political activities.
They argue that such conduct demonstrates how the new law is already being used to erode the neutrality and independence of the public service.
According to the petition, these actions amount to a clear conflict between public and personal interests, which is a violation of both the Leadership and Integrity Act (2012) and the Constitution of Kenya. The petitioners warn that if not stopped, the law could open the door for more abuse of office and politicization of the civil service.
Babu Owino and Mwaura Kabata are asking the court to declare Section 25 unconstitutional, arguing that it goes against the principles of fairness and integrity in governance.
They also seek a permanent injunction barring all State officers, including Cabinet Secretaries, from participating in political campaigns, rallies, or party activities.
They stress that this matter is of great public importance and urge the Judiciary to move swiftly to safeguard the rule of law, constitutionalism, and the independence of public institutions.
The Conflict of Interest Act, 2025, which took effect on August 19, was designed to promote political neutrality among public officers. However, it controversially exempts Cabinet Secretaries and County Executive Committee members, allowing them limited political participation.
For all other State officers, the Act strictly prohibits involvement in any political activities that could compromise or appear to compromise the impartiality of their office.
Critics, including Owino and Kabata, argue that this exemption creates a loophole that allows top government officials to openly participate in partisan politics, undermining the very essence of neutrality that the law was meant to enforce.
They maintain that the Constitution requires all public officers to serve the people equally, without bias or political influence, and that allowing Cabinet Secretaries to engage in politics contradicts that principle.
Their petition now puts the spotlight on how the government balances political freedom and public service neutrality, a debate that could set an important legal precedent for Kenya’s governance system.
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