The High Court has upheld a law barring retired presidents from holding political party leadership positions for more than six months after leaving State House.
Justice Lawrence Mugambi dismissed a petition challenging Section 6 of the Presidential Retirement Benefits Act, ruling that the restriction does not violate the constitutional rights to freedom of association, political participation or equality.
The petition, filed by activist Peter Agoro, argued that the law discriminates against former presidents by restricting their ability to hold positions in political parties while imposing no similar limitation on ordinary citizens.
Justice Mugambi, however, found that the law does not prevent retired presidents from joining or participating in political parties. Instead, it only bars them from holding party leadership positions beyond six months after leaving office.
The judge said former presidents occupy a unique political position and may wield significant influence capable of undermining genuine political competition.
The court also considered the historical circumstances surrounding the enactment of the law in 2003, when Parliament sought to prevent a former president from retaining political power through a successor.
Justice Mugambi said the restriction was intended to safeguard Kenya’s democracy and prevent former heads of state from extending their political influence beyond their constitutional terms.
“I do not think that this provision has outlived its usefulness,” the judge said, finding that the restriction meets the constitutional test of proportionality.
The High Court consequently dismissed the petition for lack of merit, leaving the six-month restriction on retired presidents holding political party leadership positions intact.
