MP Babu Owino Takes Government to Court Over New Conflict of Interest Law

Embakasi East MP Babu Owino and activist Mwaura Kabata have filed a petition at the Milimani Law Courts seeking to stop the implementation of the newly enacted Conflict of Interest Act No. 11 2025.

The two petitioners argue that Section 25 of the Act which exempts senior government officials from restrictions on political involvement  .

 Unconstitutional, discriminatory, and threatens the neutrality of the public service.

They are asking the court to issue conservatory orders suspending its implementation pending the determination of the case.

In a certificate of urgency filed before the High Court, Owino and Kabata want the Attorney General, all Cabinet Secretaries, and other State officers .

Restrained from engaging in political campaigns or supporting any political party or candidate.

 They say this is necessary to preserve the integrity and impartiality of public institutions.

According to the petition, recent political events, including a rally held in Kieni, Nyeri County, 

As the political tension grows and many eyebrows in political involvement  by senior State officers among them Cabinet members and members of the National Police Service.

They contend that such actions amount to a conflict between personal and public interests, contrary to 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 .

Directly conflicts with Article 75 of the Constitution," the petition reads in part.

The petitioners further claim that the contested provision undermines the principles of neutrality.

objectivity, and impartiality expected of public servants, warning that allowing it to stand would erode public trust in governance.