High Court Declares Law Barring Retired Presidents From Holding Political Party Office Unconstitutional

The High Court has declared the provision of the Presidential Retirement Benefits Act that restricts retired presidents from holding political party office unconstitutional. 

In a ruling on Monday, September 21, Justice Bahati Mwamuye ruled that once a president leaves office, they cease to exercise the coercive and executive authority of the State.

The High Court judge also ruled that the State cannot lawfully seek to control the political life of a person after they have left the presidency and become a private citizen.

“In his ruling today, Justice Bahati Mwamuye held that once a President leaves office, he or she ceases to exercise the coercive and executive authority of the State. 

“He further observed that the State cannot lawfully seek to control the political life of a private citizen,” the Jubilee Party said in a statement. 

Justice Mwamuye also barred Parliament from reducing or withdrawing the retirement benefits of a former President. 

Further, he declared Sections 4(1), 4(2), 4(3), and the entirety of Section 6 of the Presidential Retirement Benefits Act unconstitutional, null and void.

The ruling comes just days after former President Uhuru Kenyatta agreed to hand over the Jubilee Party chairmanship following a High Court ruling upholding Section 6 of the Presidential Retirement Benefits Act.

In a statement on September 15, the Office of the former President said the ruling provided legal clarity on the transition of retired presidents from formal political party leadership.

Uhuru welcomed the decision, saying it should not be interpreted as a restriction on his political activities but as a reflection of Kenya’s democratic maturity.

"Uhuru Kenyatta has received this ruling in a spirit of profound respect for the judiciary. He notes that the court’s ruling is not a restriction on his political life; it is a reaffirmation of our democratic maturity. 

"The 4th President of the Republic of Kenya acknowledges that leadership is not the chair one occupies; it is the trust one cultivates," the statement read.

The former President said he was ready to facilitate the completion of the handover in accordance with the law and the party’s governing framework.

"The former President affirms his absolute willingness to see the handover completed openly, lawfully, and in strict accordance with the Party’s constitution. He looks forward to the Party’s processes moving forward without hindrance," the statement further read.

The Office said Uhuru viewed the court decision as an opportunity for Jubilee to enter a new phase under a new generation of leadership.

"Uhuru Kenyatta welcomes this new chapter for Jubilee, built on the rule of law, guided by the Party's constitution, and carried forward by the next generation of leadership," the statement concluded.