High Court rules retired presidents can engage in politics

The High Court has struck down key provisions of the Presidential Retirement Benefits Act, ruling that retired presidents are not barred from engaging in active politics. Justice Bahati Mwamuye declared several sections of the Act unconstitutional, including those that allowed retirement benefits to be withheld, reduced, or withdrawn under certain circumstances.

The ruling provides significant legal relief for former President Uhuru Kenyatta, who remains involved in the leadership of the Jubilee Party. The court emphasized that once a president leaves office, they cease to exercise the coercive and executive authority of the State and transition into the status of a private citizen. Justice Mwamuye noted that the law cannot unlawfully control the private life of a private citizen.

In addition to protecting retirement benefits, the court invalidated restrictions that previously limited the political roles retired presidents could hold. This decision affirms the constitutional protection of benefits under Article 151(3), which prevents such privileges from being varied to a former president's disadvantage during their lifetime.