Court upholds ban on retired Presidents holding political party office

Justice Lawrence Mugambi dismissed a petition challenging Section 6 of the Presidential Retirement Benefits Act, ruling that the restriction does not violate the rights to freedom of association, political participation or equality.

The petition, led by activist Peter Agoro, argued that the law discriminates against former presidents by limiting their ability to hold positions in political parties, while ordinary citizens face no such restriction.

The judge, however, noted that the law does not stop retired presidents from joining or participating in political parties. It only bars them from holding party leadership positions beyond six months after leaving office.

Justice Mugambi said former presidents occupy a unique political position and could wield significant influence capable of affecting genuine political competition.

The court also relied on 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.

The judge said the restriction was intended to protect Kenya's democracy and prevent a former head of state from extending his influence beyond his constitutional term.

"I do not think that this provision has outlived its usefulness," Justice Mugambi said, finding that the restriction met the constitutional proportionality test.

The court dismissed the petition for lack of merit.