Justice Bahati Mwamuye ruled on Monday that retired presidents cannot be barred completely. The court declared unconstitutional the law restricting former presidents from engaging in active politics.
According to the court, the law cannot control the private life of citizens. Once a president ends their term, they become a private citizen fundamentally different constitutionally.
Earlier Ruling Barred Retired Presidents From Party Positions for Six Months Only
Another court ruled on September 14 that retired presidents cannot hold party positions. Former Heads of State can participate in political activities after the six-month restriction period.
Justice Lawrence Mugambi ruled that the restriction does not violate freedom of association rights. Political participation and equality rights remain protected even under the party position restriction carefully.
Mwamuye Reaffirmed That Presidents Must Cease Party Positions Upon Leaving Office
Justice Mwamuye held that presidents must cease holding political party positions after retirement. Retired leaders no longer exercise the coercive and executive authority of the state completely.
Following the September 14 ruling, Uhuru said he would hand over Jubilee leadership. The former Head of State acknowledged the court’s decision and respected it appropriately afterwards.
Former President Maintains Ruling Reaffirms Democratic Maturity Not Political Restrictions Imposed
Uhuru’s office stated the court ruling reaffirms Kenya’s democratic maturity considerably and substantially. The former president maintained that the ruling does not restrict his political life completely.
The High Court has now upheld that retired presidents can engage politically actively. This determination gives Uhuru and future retired presidents the right to participate in politics.
Government-Aligned Leaders Accuse Uhuru of Sponsoring Opposition and Undermining State Authority
Uhuru has faced attacks from leaders allied to the government consistently and repeatedly. They accuse the former president of engaging in active politics and sponsoring opposition movements.
According to government allies, Uhuru should respect the office of retired president status. They argue the former president should stop engaging in politics and become a statesman.
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