The Law Society of Kenya Vice President Mwaura Kabata and Embakasi East MP Babu Owino moved to court seeking to bar Cabinet Secretaries from engaging in political activities, arguing that their conduct violates the Constitution and principles of leadership and integrity.
In a petition filed under a certificate of urgency, the two petitioners accuse members of President William Ruto’s Cabinet of openly campaigning for political candidates ahead of the November 27 by-elections, contrary to the law governing state officers.
Through lawyer Abner Collins Mango, the petitioners sued the Attorney General, Prime Cabinet Secretary Musalia Mudavadi, and 19 other Cabinet Secretaries, alongside the Inspector General of Police Douglas Kanja.
They alleged that their involvement in partisan campaigns constitutes a conflict of interest and breaches their oath of office.
They are also challenging Section 25 of the Conflict of Interest Act, No. 11 of 2025, which exempts Cabinet Secretaries and County Executive Committee Members from the general prohibition against participating in political activities.
The petitioners argue that the section is unconstitutional and discriminatory, as it allows Cabinet Secretaries to publicly support political parties and candidates while barring other state officers from doing the same.
“The impugned section is in direct conflict with Article 75 of the Constitution, which demands that state officers avoid any conflict between personal interests and official duties,” Kabata stated in his affidavit.
The court documents list instances where several Cabinet Secretaries were allegedly captured in video footage campaigning for President Ruto’s re-election and endorsing UDA candidates in various parts of the country, including Migori, Bondo, Garsen, Turkana, and Malava.
The petitioners further accuse Inspector General Japheth Koome of taking part in a political rally in Kieni, Nyeri County, led by the President in April 2025, an incident they say “raises serious institutional concerns for the National Police Service.”
Kabata and Owino argued that the continued politicization of the Executive undermines public confidence in state institutions and violates Section 23 of the Leadership and Integrity Act, 2012, which requires state officers to maintain political neutrality.
They are asking the court to issue conservatory orders suspending the implementation of Section 25 and restraining Cabinet Secretaries and other state officers from engaging in any political activity pending the hearing and determination of the case.
The Council of Governors, Law Society of Kenya, and Katiba Institute have been named as interested parties in the case.
The petitioners want the matter heard on a priority basis, arguing that “the danger of violating the Constitution is real” if the court does not intervene before the upcoming by-elections.
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