Former President Uhuru Kenyatta is now free to return to active politics after a landmark High Court ruling.
Justice Bahati Mwamuye at the Kiambu High Court on Monday, struck down sections of the Presidential Retirement Benefits Act that barred retired presidents from political engagement, declaring them unconstitutional.
The judge declared Sections 4(1), 4(2) and 4(3) invalid, ruling they violated constitutional guarantees on equality, freedom of association, and political rights.
Justice Mwamuye held that once a president finishes his term, he ceases to exercise executive authority and becomes a private citizen like any other Kenyan.
The court said tying retirement benefits to a vow to quit politics amounted to threatening a citizen into surrendering his rights, which it found legally untenable.
The petition was filed by Sheria Mtaani and Shadrack Wambui, who argued the law unfairly punished former heads of state simply for holding office.
The ruling means a retired president can now engage in party activities and campaigns without risking his pension and perks.
This judgment comes days after a conflicting ruling by Justice Lawrence Mugambi, setting up a likely showdown at the Court of Appeal over the future of retired presidents.
