NAIROBI, Kenya- The High Court has upheld a law barring retired presidents from holding leadership positions in political parties for more than six months after leaving office.
Justice Lawrence Mugambi dismissed a petition challenging Section 6 of the Presidential Retirement Benefits Act, finding that the restriction does not violate constitutional rights to political participation, freedom of association or equality.
The petition, filed by activist Peter Agoro, argued that the provision discriminated against retired presidents by restricting their ability to occupy political-party positions while other private citizens were not subjected to similar limitations.
Agoro contended that once presidents leave office, they become private citizens entitled to participate fully in the country’s political affairs.
Justice Mugambi, however, ruled that retired presidents occupy a distinct position because of the influence, authority and networks accumulated during their time in office.
The judge said their continued occupation of senior political-party positions could affect genuine political competition and allow former heads of state to extend their political power beyond the constitutional presidential term.
The court clarified that the law does not impose a blanket ban on retired presidents joining political parties, attending political meetings or participating in political activities.
It only prevents them from holding formal leadership positions in political parties for more than six months after leaving State House.
The Presidential Retirement Benefits Act links compliance with the restriction to the benefits and facilities provided to former heads of state after retirement.
Justice Mugambi also considered the circumstances under which the law was enacted in 2003.
Parliament introduced the restriction amid concerns that a former president could continue exercising substantial political control through a successor or political party.
“I do not think that this provision has outlived its usefulness,” the judge said, ruling that the restriction met the constitutional test of proportionality.
The court consequently dismissed the petition for lack of merit, leaving Section 6 of the Act in force.
The ruling means retired presidents remain free to associate with political parties and participate in political discussions but cannot retain or assume party leadership positions beyond the six-month period prescribed by law.
The decision comes amid debate over retired President Uhuru Kenyatta’s continued involvement in the Jubilee Party and the wider Azimio coalition following the end of his presidential term in September 2022.
