Former presidents cannot continue holding leadership positions in political parties after six months of leaving office, the High Court has ruled, upholding a law that restricts their political roles after retirement.
Justice Lawrence Mugambi dismissed a petition challenging Section 6 of the Presidential Retirement Benefits Act, finding that the provision does not infringe on the constitutional rights of retired presidents to associate, take part in politics or enjoy equal treatment.
The petition, filed by activist Peter Agoro, had challenged the restriction on former presidents, arguing that it unfairly limits their ability to take up positions within political parties while other citizens are not subjected to a similar ban.
In his ruling on Monday, Justice Mugambi clarified that the law does not prevent retired presidents from joining political parties or taking part in political activities.
Instead, the restriction applies specifically to holding leadership positions in political parties after the six-month period following their departure from State House.
The judge said former presidents hold a special position in the country's political system and may retain a level of influence that could affect fair political competition even after leaving office.
Justice Mugambi also considered the circumstances that led to the introduction of the law in 2003, noting that Parliament had acted to stop a former head of state from maintaining political power by backing or controlling a successor.
According to the judge, the restriction was designed to safeguard Kenya's democratic system by ensuring that a former president does not continue extending political influence after completing their constitutional term.
The court found that the law strikes a reasonable balance between the political rights of retired presidents and the need to protect fair competition in the country's political system.
Justice Mugambi rejected the argument that the restriction had become outdated, maintaining that the provision still serves a useful purpose.
"I do not think that this provision has outlived its usefulness," Justice Mugambi said, finding that the restriction met the constitutional proportionality test.
The judge consequently dismissed the petition, ruling that it lacked merit and leaving in place the legal restriction on retired presidents holding political party leadership positions beyond six months after leaving office.