The High Court has upheld a legal restriction preventing retired presidents from holding positions in political parties beyond six months after leaving office.
Justice Lawrence Mugambi rejected a constitutional petition challenging Section 6 of the Presidential Retirement Benefits Act, finding that the provision does not infringe on the rights to political participation, freedom of association or equal treatment.
The petition was filed by activist Peter Agoro, who argued that the restriction unfairly targets former presidents by preventing them from taking up political party positions while ordinary citizens remain free to do so.
However, Justice Mugambi found that former heads of state occupy a distinct position in Kenya’s political landscape and can retain considerable influence even after leaving office.
The judge said allowing retired presidents to assume party positions could give them an advantage capable of undermining fair political competition.
In reaching his decision, Justice Mugambi considered the circumstances under which the provision was introduced in 2003. He noted that Parliament sought to prevent former presidents from continuing to exercise political power indirectly through successors after completing their constitutional terms.
According to the court, the restriction was designed to safeguard democratic institutions and prevent former heads of state from extending their political influence beyond the limits of their tenure.
Justice Mugambi rejected the argument that the provision had become outdated, holding that it continues to serve a legitimate constitutional purpose.
“I do not think that this provision has outlived its usefulness,” the judge said.
He consequently found that the restriction satisfied the constitutional test of proportionality and dismissed the petition for lack of merit.
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