The High Court on Monday, September 21, 2026, declared key provisions of Kenya’s Presidential Retirement Benefits Act unconstitutional, removing restrictions on the political participation of retired presidents.
Court Protects Political Rights
Justice Bahati Mwamuye ruled that leaving the presidency does not end a person’s constitutional political rights. According to the judgment, a former president becomes a private citizen after leaving office and retains the rights guaranteed under the Constitution.
The court therefore declared Section 6 of the Presidential Retirement Benefits Act unconstitutional, null and void. The section had restricted retired presidents from holding office in a political party beyond six months after leaving State House.
Justice Mwamuye also held that a former president’s continued political influence does not automatically amount to exercising presidential or executive authority.
Retirement Benefits Protected
The court also struck down Sections 4(1), 4(2) and 4(3) of the Act. These provisions allowed for the reduction or withholding of retirement benefits under certain circumstances.
Justice Mwamuye found that Article 151(3) of the Constitution protects a former president’s retirement benefits from being varied to their disadvantage during their lifetime.
The judgment also recognised accrued retirement benefits as protected interests under the Constitution.
Case Involving Uhuru Kenyatta
The petition was filed by Sheria Mtaani and activist Shadrack Wambui against the Senate, National Assembly and Attorney-General.
The case followed a May 4, 2026 parliamentary motion seeking to review and vary the retirement benefits of former President Uhuru Kenyatta over his continued involvement in the Jubilee Party.
However, the court did not order Parliament to cancel the motion because it had not resulted in a final decision that could be quashed.
Ruling Follows Earlier Court Decision
The judgment comes days after Justice Lawrence Mugambi upheld Section 6 in a separate case on September 14. That ruling allowed retired presidents to participate in political activities but restricted them from holding formal political party leadership positions beyond six months after leaving office.
The September 21 judgment now declares the relevant restriction unconstitutional, creating a significant shift in the legal position surrounding retired presidents and political participation.
