The High Court has declared sections of the law restricting retired presidents from taking part in active politics unconstitutional.
The decision was delivered by Justice Bahati Mwamuye at the Kiambu High Court on Monday, September 21, 2026.
The court ruled that a former president becomes a private citizen after leaving office and should continue to enjoy constitutional rights, including political rights.
Justice Mwamuye said a citizen should not be forced to give up a constitutional right through threats or conditions linked to retirement benefits.
The case challenged provisions of the Presidential Retirement Benefits Act that restrict retired presidents from engaging in active political activities.
The judge declared Sections 4(1), 4(2) and 4(3) of the Act unconstitutional.
The ruling means the affected provisions cannot be used to prevent retired presidents from exercising their political rights.
The court also addressed the relationship between retirement benefits and political participation, ruling against restrictions that would effectively force a retired president to choose between political activity and constitutionally protected benefits.
Justice Mwamuye noted that once a president leaves office, the person no longer exercises the executive and coercive powers of the State.
The former president therefore assumes the position of an ordinary private citizen, although with the unique experience of having previously served as Head of State.
The judgment has significant implications for the political activities of former presidents and could affect how Kenya's retirement laws are applied in the future.
The ruling also comes amid continuing debate over the role former presidents should play in political parties and national politics after leaving State House.
The latest decision differs from an earlier High Court ruling delivered on September 14, 2026, which upheld a separate restriction preventing retired presidents from holding political party leadership positions beyond six months after leaving office.
The two rulings concern different provisions of the Presidential Retirement Benefits Act, meaning the latest judgment does not automatically remove every restriction relating to retired presidents and political party leadership.
The new ruling is expected to generate further discussion about the political rights of former presidents and the limits that Parliament can place on those rights.