High Court Frees Uhuru Kenyatta to Return to Active Politics

The High Court has declared sections of the Presidential Retirement Benefits Act that bar retired presidents from engaging in active politics unconstitutional.

In a judgment delivered on Monday, Justice Bahati Mwamuye ruled that once a president leaves office, he or she ceases to exercise executive authority and becomes a private citizen entitled to the full protection of constitutional rights, including political rights.

The case had been filed by Sheria Mtaani and Shadrack Wambui, who challenged provisions of the law they argued unfairly restricted former presidents from participating in politics.

Court Affirms Political Rights of Former Presidents

In the ruling, Justice Bahati Mwamuye held that a retired president cannot be denied the right to participate in political affairs merely because they once occupied the country’s highest office.

The judge said the presidency is held for a constitutionally defined term and that, upon leaving office, the former holder no longer exercises the coercive powers of the state.

“The person thereafter stands in a fundamentally different constitutional position: he or she is a private citizen,” said Mwamuye

The court declared Sections 4(1), 4(2) and 4(3) of the Presidential Retirement Benefits Act unconstitutional, finding that they imposed limitations on political participation inconsistent with constitutional guarantees of equality, freedom of association and political rights.

Justice Mwamuye further observed that it was contradictory for Parliament to recognize former presidents as individuals whose experience and counsel could assist government and the public while at the same time preventing them from taking part in the political process.

According to the judge, such restrictions amounted to an unjustifiable curtailment of rights enjoyed by other citizens.