The High Court has declared provisions of Kenya’s Presidential Retirement Benefits Act that restrict retired presidents from active political participation unconstitutional.
In a judgment delivered on Monday, September 21, 2026, Justice Bahati Mwamuye ruled that leaving the presidency does not strip a former Head of State of their constitutional political rights.
The court held that once a president leaves office, they cease to exercise the executive and coercive authority of the State and return to the status of a private citizen, with constitutional rights including freedom of association and political participation.
Justice Mwamuye declared the challenged provisions of the Presidential Retirement Benefits Act unconstitutional and void. The ruling also means that a retired president cannot have their retirement benefits withheld or withdrawn simply because they continue participating in politics.
The decision comes just one week after another High Court ruling by Justice Lawrence Mugambi upheld Section 6 of the same Act, which restricts a retired president from holding a political party office for more than six months after leaving office.
The latest judgment has particular relevance to former President Uhuru Kenyatta, who has remained involved in the Jubilee Party. Uhuru had earlier indicated his willingness to hand over the party chairmanship following the September 14 ruling.
The latest court decision now places renewed focus on the constitutional rights of former presidents and the extent to which Parliament can restrict their participation in Kenya's political affairs.
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