The High Court has upheld a provision of Kenyan law that bars retired presidents from continuing to hold leadership positions in political parties beyond six months after leaving State House.
Justice Lawrence Mugambi dismissed a constitutional challenge against Section 6 of the Presidential Retirement Benefits Act, finding that the restriction does not unlawfully violate political rights, freedom of association or equality.
The law states that a retired president cannot hold office in a political party for more than six months after ceasing to serve as president.
The petitioners had argued that the provision unfairly discriminated against former presidents because ordinary citizens are not subjected to a similar restriction on political leadership.
Justice Mugambi rejected that argument, finding that retired presidents occupy a unique constitutional position because of the status, benefits and political influence associated with having served as Head of State.
Importantly, the ruling does not prohibit former presidents from participating in politics. They can remain members of political parties, express political views and participate in political activities. The restriction applies specifically to holding formal party leadership positions after the six-month period.
The court also examined the historical circumstances surrounding the enactment of the Presidential Retirement Benefits Act in 2003. Justice Mugambi found that the restriction was intended, in part, to prevent former presidents from continuing to exercise political power indirectly after leaving office.
The ruling has immediate significance for former President Uhuru Kenyatta, who has continued serving in the leadership of the Jubilee Party since leaving office in 2022.
Following the decision, Kenyatta said he respected the ruling and was prepared to complete the handover of Jubilee Party leadership in accordance with the party's constitution and Kenyan law.
The High Court's decision therefore maintains an important distinction in Kenyan law: former presidents can remain politically active, but they cannot continue formally leading political parties beyond the prescribed six-month transition period.
