The High Court has declared Section 6 of the Presidential Retirement Benefits Act unconstitutional, null and void for restricting the political participation of retired Presidents.
Justice Bahati Mwamuye ruled that the provision was inconsistent with the political rights guaranteed under the Constitution. The case was filed by Sheria Mtaani through lawyer Shadrack Wambui, challenging restrictions imposed on former Presidents who remain politically active after leaving office.
The court issued an order prohibiting the respondents, their servants and agents from enforcing or applying Section 6 against any retired President.
However, the judge declined to issue orders preventing Parliament from debating or legislating on matters concerning retired Presidents, stating that Parliament remains free to enact laws provided they comply with the Constitution.
The court stressed that preventing Parliament from initiating or considering such legislation would violate the principle of separation of powers.
