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Babu Owino Presents a Case in Court to Prevent Government Officials from Engaging in Campaigns, Politics

Admin05 mins
  • Babu Owino and LSK Vice President Mwaura Kabata filed a petition challenging Section 25 of the Conflict of Interest Act, 2025
  • This article allows Cabinet Secretaries and County Executive Committee members to engage in political activities, which the petitioners call unconstitutional.
  • They are asking for conservative orders that prevent Ministers and senior government officials from participating in campaigns or supporting political parties

Member of Parliament for Embakasi East Grandfather Owino and the Vice President of the Law Society of Kenya (LSK) Mwaura Kabata have filed a case in court seeking to prevent Cabinet secretaries and senior government officials from engaging in political activities.

Grandfather Owino wants ministers and government officials to be prevented from getting involved in politics and campaigns. Photo: Babu Owino.
Source: UGC

The two filed a petition in the Mountain Law Court challenging Section 25 of the Conflict of Interest Act, 2025, which allows Cabinet secretaries and County Executive Committee members to participate in politics.

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Why Babu Owino, Mwaura Kabata want section 25 to be changed

In their petition, the two argue that the provision is unconstitutional and discriminatory as it exempts senior officials from neutrality laws that apply to other public servants.

They claim that the law undermines the freedom of public service and violates Article 75 of the Constitution, which requires government officials to avoid conflicts between private and public interests.

The petition, filed under a certificate of urgency, seeks immediate restraining orders to prevent the Attorney General, all Cabinet secretaries, and other senior government officials from participating in political campaigns or activities pending the decision of the case.

The MPs cited the April 2 public meeting in Kieni, Nyeri county, where several government officials allegedly participated in party events, saying that such actions show how the new law is already being misused.

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According to the plaintiffs, the law’s selective immunity for senior officials sets a dangerous precedent and threatens the rule of law.

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They want the court to declare Article 25 unconstitutional, invalid, and issue a permanent injunction to prevent government officials from engaging in politics.

They also urged the Court to act quickly to protect the constitution and restore public confidence in the neutrality of government offices.

Mwaura Kabata LSK
LSK vice president Mwaura Kabata and MP Babu Owino have sued the government of President William Ruto. Photo: LSK.
Source: Twitter

Article 25 of the Conflict of Interest Law came into effect on August 19. It prohibits government officials from engaging in political activities that may affect their preferences, but specifically exempts Cabinet secretaries and County Executive Committee members.

Babu and Kabata claimed that this exemption destroys integrity in the public service and is against the Constitution and the Leadership and Integrity Law of 2012.

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Source: TUKO.co.ke

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