Court upholds law barring retired presidents from political party leadership

M ilimani court The High Court has upheld a law restricting retired presidents from holding leadership positions in political parties, dismissing a petition challenging the constitutionality of the provision. The court ruled that Section 6 of the Presidential Retirement Benefits Act does not unfairly discriminate against former presidents and is a reasonable limitation on their political rights.

Justice Lawrence Mugambi dismissed the petition filed by Peter Odhiambo Agoro, Paul Muiruri Kiguathi and Damon Onyango Osawa, who had challenged the provision on grounds that it violated constitutional rights to equality, freedom of association and political participation.

The petitioners had argued that retired presidents remain Kenyan citizens after leaving office and should therefore enjoy the same political rights as other citizens.

They contended that Section 6 discriminated against retired presidents by restricting their ability to hold office in political parties, while imposing no similar limitation on other citizens.