The High Court declined to grant interim conservatory orders sought to bar Cabinet Secretaries from participating in political activities.
Instead, the court has directed parties to return to court on Thursday, November 20, for a further mention.
Justice Bahati Mwamuye ruled after the Law Society of Kenya Vice President Mwaura Kabata and Embakasi East MP Babu Owino asked the court to urgently intervene ahead of the November 27 by-elections.
Through lawyer Abna Mango, the petitioners had asked the court to issue temporary injunctions stopping the Cabinet Secretaries from furthering the political interests of any party or candidate, and to suspend the implementation of Section 25 of the Conflict of Interest Act, 2025.
The impugned section exempts Cabinet Secretaries and County Executive Committee Members from the general ban on political involvement by state officers.
But Justice Mwamuye said the broad and open-ended nature of the orders sought made it difficult for the court to issue precise directives that could be enforced without ambiguity.
He said that prayer number two, which sought to restrain the respondents from “furthering political interests” of any party was too wide and risked creating confusion on what conduct would constitute a violation.
“I must stress that interlocutory applications may not always yield what they are intended to provide,” the judge said, adding that issuing an overly broad order could lead to enforcement challenges, including potential contempt disputes over unclear directives.
The respondents, including the Attorney General and several Cabinet Secretaries represented by lawyers Paul Nyamodi and Marwa, opposed the application for interim relief, arguing that the petitioners were seeking final orders at an interlocutory stage.
They also told the court that responses had already been filed , contrary to the petitioners’ initial claim that their application had not been opposed and requested additional time to submit their written arguments.
“It is incorrect that the petition is unopposed, we will be seeking seven days to look at the application then respond,” said Marwa
Justice Mwamuye directed the petitioners to refine and specify the exact conduct they want restrained, cautioning that the court cannot “map out the entire spectrum of political activity” without full argument from all parties.
Kabata urged the court to consider the ongoing campaigns ahead of the by-elections, saying Cabinet Secretaries had been “actively and openly” supporting political candidates, in breach of the Constitution.
But the judge maintained that any interim intervention must be clear, precise and enforceable, and invited all parties to re-engage on Thursday, November 20, for a further mention.
The petitioners argue that Cabinet Secretaries’ involvement in political campaigns violates Article 75 of the Constitution and undermines public confidence in state institutions.
They also challenged Section 25 of the Conflict of Interest Act as unconstitutional and discriminatory.
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