NAIROBI, Kenya — Murang’a Senator Joe Nyutu has questioned the political circumstances surrounding a High Court ruling that requires retired presidents to relinquish formal political party leadership positions after six months, amid renewed criticism between President William Ruto and retired President Uhuru Kenyatta.
Nyutu said he was not challenging the independence of the Judiciary or the legality of the ruling but questioned the circumstances surrounding the petition that resulted in the judgment.
The senator was speaking in a television interview on Thursday, September 17, 2026.
Nyutu Raises Questions Over Court Case
Nyutu said the court had applied the law and that he had no objection to the judgment itself.
“I’m not in any way trying to fault the judgment,” he said, acknowledging the court’s interpretation of the law governing the political activities of retired presidents.
His concern, he said, was why particular individuals chose to challenge the law and whether there were political considerations behind the decision to go to court.
“What I’m saying is, why maybe those who went to court went there was to obtain this particular ruling,” Nyutu said.
The senator stopped short of alleging that Ruto influenced the Judiciary, funded the petition or directed the court proceedings.
There is also no finding in the High Court judgment that the President was involved in the case.
What the High Court Ruled
High Court Judge Lawrence Mugambi upheld Section 6(1) of the Presidential Retirement Benefits Act, which limits a retired president from holding office in a political party beyond six months after leaving the presidency.
The ruling directly affects Uhuru, who has remained Jubilee Party leader since retiring from State House in 2022.
The court rejected a constitutional challenge to the statutory restriction and upheld the provision.
Importantly, the judgment does not prevent former presidents from belonging to political parties or participating in political activities. It concerns their continued occupation of formal party leadership positions.
Following the ruling, Uhuru indicated that he would comply with the decision and facilitate the transition of Jubilee’s leadership in accordance with the party’s constitution.
Ruto Steps Up Criticism of Uhuru
Nyutu’s comments come against the backdrop of increasingly public political exchanges between Ruto and Uhuru.
During his Nyanza tour this week, Ruto criticised Uhuru over his continued involvement in opposition politics and questioned whether the retired president could challenge him politically in 2027.
In Siaya on Tuesday, Ruto asked how Uhuru could defeat him in the next election after failing to do so while he was president.
Ruto also accused Uhuru of assuming an opposition leadership role instead of becoming a statesman after leaving office.
The President’s remarks came one day after Justice Mugambi delivered the ruling affecting Uhuru’s continued occupation of the Jubilee leadership position.
The timing has consequently become part of the political debate, although the available court reporting does not establish any connection between Ruto and the petition or the judge’s decision.
Nyutu: Judiciary Should Not Be Blamed
Nyutu stressed that his questions should not be interpreted as an attack on the Judiciary.
“I’m not doubting the independence of the Judiciary,” he said.
Instead, he argued that political actors and the circumstances that lead to litigation can be examined separately from the judicial determination itself.
The petition challenging Section 6 was filed in 2023, well before the latest escalation in public exchanges between Ruto and Uhuru.
The senator did not produce evidence linking the petition to the President.
The distinction is significant because the court’s decision establishes a legal position on retired presidents holding party office, while any alleged political motivation behind the litigation would require separate evidence.
Matiang’i Rejects Claims Uhuru Sponsors Opposition
The dispute has also drawn responses from Jubilee presidential candidate Fred Matiang’i.
Matiang’i has rejected claims that Uhuru is sponsoring opposition politicians against the Ruto administration, arguing that political demands for change are being driven by Kenyans themselves.
He criticised Ruto’s description of Uhuru as a “rebel leader”, saying lawful opposition and criticism of the government should not be treated as rebellion.
The exchange has added another layer to the political debate surrounding Uhuru’s future role after relinquishing the Jubilee party leadership.
Jubilee Succession Takes Centre Stage
The court ruling has also shifted attention to who will lead Jubilee after Uhuru’s departure.
Jubilee Deputy Party Leader Jeremiah Kioni has offered himself for the party leadership, saying the position should be filled through the party’s established constitutional procedures and ultimately determined by delegates.
Nyutu backed that approach, arguing that no individual should assume the position automatically.
“If Dr. Matiang’i wants to be the party leader, then he is going to present himself before the particular organ or delegates who are going to elect the party leader,” Nyutu said.
His remarks place the emphasis on Jubilee’s internal electoral process rather than an automatic succession from Uhuru to any particular senior party official.
