Babu Owino moves to court to block cabinet secretaries from political campaigns
The Embakasi East Member of Parliament, Babu Owino and the Law Society of Kenya (LSK) Deputy President Mwaura Kabata, have filed a petition seeking to block Cabinet Secretaries from engaging in political campaigns.
In a petition dated October 24, 2025, Babu and Kabata aver that the CSs have openly engaged in rigorous political activities where they have been involved in political campaigns, including rallying support for political candidates of various political parties in the upcoming election by-elections that are scheduled for November 27, 2025.
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The two through the petition lodged at the Milimani Constitutional and Human Rights division state that the CSs, as public officers, are not allowed to engage in politics, stating that their involvement in the current campaigns gives a clear example of conflict between their personal interest and public interest or official duties.
According to the petitioners, section 23(2) of the Leadership and Integrity Act, 2012, prohibits state officers from engaging in political activities that may compromise or be seen to compromise the political neutrality of the offices they hold.
Further, they add that section 23 (3) particularly enjoins state officers from publicly indicating support for or opposition against any political party or candidate.
Babu and Kabata reveal that Musalia Mudavadi, who holds the office of the Secretary for Foreign and Diaspora Affairs, has been heard publicly campaigning for President William Ruto to win a second term in the 2027 general elections.
They state that Mudavadi is on record while campaigning for a candidate in the upcoming by-elections, urging teachers in Malava to also ensure that come 2027, they vote for President Ruto for his second term.
“That in particular the 2nd Respondent (Secretary for Foreign and Diaspora Affairs Musalia Mudavadi), in a public address in a Teacher’s Engagement forum in Malava, is seen and heard drumming up support for a political candidate in the upcoming by-elections that are scheduled for November 27, 2025, indicating that it is not easy to defeat a sitting president and urging them to support the sitting president in his second-term presidential bid,” part of the application read.
Mentions Opiyo Wandayi
In addition, Babu and Kabata also aver that the Cabinet Secretary for Energy and Petroleum, Opiyo Wandayi, is also on record campaigning for the second term for President Ruto, adding to the plans of the Orange Democratic Movement party succession during the late Raila Odinga’s burial preparations.
“That the 5th respondent (Cabinet Secretary for Energy and Petroleum), while in Bondo during the burial preparations of the enigma Rt Honourable Raila Odinga, in video footage is seen and heard speaking of the Orange Democratic Movement party succession plans as well as drumming up support for President William Ruto’s second term bid,” part of the petition read.
MP Babu Owino and Kabata now want the court to issue a permanent injunction restraining and prohibiting the CSs from further engaging in political activity that may compromise the political neutrality of their offices.
“A permanent injunction be issued prohibiting the respondents (Cabinet Secretaries) from furthering political interests of a political party or a political candidate and manifesting support for or in opposition to any political interests of a political party or political candidate,” part of the prayers sought read.
“A declaration be and is hereby issued that Section 25 of the Conflicts of Interest Act No. 11 of 2025 is unconstitutional, null and void ab initio for violating Articles 2, 10, 27, 73, 74, 75, 129, 153, 179, 232 & 260 of the Constitution,” part of the prayers sought read.
