High Court declares law barring retired presidents from party office unconstitutional

The High Court in Kiambu has struck down provisions of the Presidential Retirement Benefits Act that barred retired presidents from taking part in active politics.

The court ruling noted that they violate constitutional guarantees on equality, freedom of association, and political rights.

Justice Bahati Mwamuye declared Sections 4(1), 4(2) and 4(3) of the Act invalid. He held that a former president no longer exercises executive power and must be treated like any other citizen.

Sheria Mtaani and Shadrack Wambui, who argued that the law unfairly penalised former presidents for exercising their rights as private citizens, filed the petition.

The petitioners argued that the impugned sections of the Act placed an unfair and discriminatory burden on former heads of state simply because of an office they once held.

Justice Mwamuye agreed. He ruled that a retired president's prior occupation of the country's highest office could not, on its own, justify restricting their political participation.

The judge stated that once a president's term ends, they cease to exercise the coercive powers of the executive and the law must treat them as any other citizen.

The court further held that compelling a former president to abandon political participation as a condition for retaining retirement benefits amounted to threatening a citizen into surrendering constitutionally protected rights, a position the judge found legally untenable.

The court issued the ruling days after another court banned retired presidents from holding political party positions for six months post-retirement on September 14.

The judgment carries direct relevance to former president Uhuru Kenyatta, whose involvement in opposition politics has generated sustained controversy since leaving office.

Government allies urged stricter enforcement of rules and a review of benefits for politically active former presidents.

Although some opposition figures denied those claims, they accused Uhuru of financially backing the Linda Mwananchi campaigns.

Following the September 14 ruling, Uhuru announced that he was ready to step down from Jubilee Party leadership while retaining his membership.