NAIROBI, Kenya Sep 14 – The High Court has upheld a law restricting retired presidents from holding office in political parties beyond six months after leaving the presidency.

📻 Breaking It Down

Justice Lawrence Mugambi dismissed a constitutional petition challenging Section 6 of the Presidential Retirement Benefits Act, which provides that a retired president cannot hold office in a political party for more than six months after ceasing to hold office.

The petition was filed by Peter Odhiambo Agoro, Paul Muiruri Kiguathi and Damon Onyango Osawa, who argued that the provision violated constitutional protections on political rights, freedom of association and equality before the law.

The petitioners had asked the court to declare Section 6 unconstitutional and compel Parliament to amend or repeal the provision.

📌 What You Need to Know

They argued that the law unfairly discriminated against retired presidents by restricting their ability to participate fully in political activities, particularly their right to hold leadership positions in political parties.

The Attorney General, National Assembly and Registrar of Political Parties opposed the petition, maintaining that the restriction was constitutional and served legitimate public-interest objectives.

In the judgment delivered virtually in Nairobi on September 3, 2026, Justice Mugambi rejected the petitioners’ comparison between retired presidents and ordinary citizens.

The judge held that a former president belongs to a distinct category because of the constitutional status, benefits and influence associated with having occupied the country’s highest office.

The court found that the differential treatment of retired presidents does not amount to unfair discrimination under Article 27 of the Constitution.

“A retired President belongs to a special constitutional category of citizens that enjoys constitutionally sanctioned benefits as a person who has held the highest office in the land,” the court stated.

📰 Source: Capital FM Kenya