The High Court has overturned laws that restricted retired presidents from active participation in politics, ruling that the restrictions are unconstitutional.
Justice Bahati Mwamuye, in a judgment delivered on Monday, September 21, declared Sections 4(1), 4(2), 4(3), and 6 of the Presidential Retirement Benefits Act unconstitutional.
The court found that the provisions infringed on constitutional rights, including equality, freedom of association, and the right to participate in political activities.
Justice Mwamuye said a President’s constitutional position changes significantly upon leaving office, noting that a former head of state becomes a private citizen.
“The person thereafter stands in a fundamentally different constitutional position: he or she is a private citizen,” the judge stated.
The court particularly faulted Section 6, which barred a retired president from holding an office in a political party six months after leaving State House.
According to the judgment, the restriction was coercive and could discourage former Presidents from exercising their political rights.
The court also struck down provisions, allowing Parliament to withhold or reduce a former President’s retirement benefits because of political activities.
Justice Mwamuye held that such provisions were inconsistent with Article 151(3) of the Constitution, which protects the retirement benefits of former Presidents from being varied to their disadvantage.
The case was filed by Sheria Mtaani and lawyer Shadrack Wambui following efforts to review the retirement benefits of former President Uhuru Kenyatta amid his continued involvement in Jubilee Party affairs.
The ruling removes the statutory link between a retired President’s political participation and entitlement to retirement benefits, allowing former presidents to engage in political activities without facing the specific penalties challenged in the case.