The High Court has declared unconstitutional sections of the Presidential Retirement Benefits Act that prohibit retired presidents from holding political party offices.
In a ruling delivered on Monday, September 21, Justice Bahati Mwamuye said former presidents no longer wield the coercive and executive powers of the State once they leave office.
The judge further noted that the State has no legal authority to regulate the political activities of individuals who have retired from the presidency and returned to private citizenship.
According to a statement issued by the Jubilee Party, Justice Mwamuye observed that leaving office marks the end of a president’s exercise of State authority and that their political freedoms should not be controlled by the government.
The judge also prohibited Parliament from reducing or withdrawing the retirement benefits of former presidents.
Additionally, 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 days after former President Uhuru Kenyatta agreed to relinquish his position as Jubilee Party chairman following an earlier High Court decision that upheld Section 6 of the Act.
In a statement issued on September 15, the Office of the Former President said the earlier ruling had provided legal clarity on the transition of retired presidents from formal leadership positions within political parties.
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Uhuru welcomed the decision, maintaining that it should not be construed as limiting his political participation but rather as a demonstration of Kenya’s democratic progress.
The former Head of State said leadership was not defined by the position one held but by the trust one earned.
He also expressed his readiness to facilitate the completion of the handover process in an open and lawful manner, in accordance with Jubilee Party’s constitution and governing framework.
Uhuru’s office further described the transition as an opportunity for Jubilee to enter a new chapter under the leadership of a younger generation, guided by the rule of law and the party’s constitution.
