Former President Uhuru Kenyatta has welcomed a High Court ruling upholding Section 6 of the Presidential Retirement Benefits Act, which guides the transition of retired presidents from formal political party leadership.
In a statement dated September 15, 2026, Uhuru said he received the ruling with respect for the Judiciary, describing it as a reaffirmation of Kenya’s democratic maturity.
He said the ruling does not restrict his political life, adding that leadership is not defined by the position one holds but by the trust one builds.
“H.E. Uhuru Kenyatta has received this ruling in a spirit of profound respect for the judiciary. He notes the court’s ruling is not a restriction on his political life; it is a reaffirmation of our democratic maturity,” the statement read in part.
Uhuru Finally Breaks Silence on Long-Delayed Jubilee Leadership Handover
Uhuru said the delayed handover of the Jubilee Party chairmanship was not due to reluctance, but to an internal dispute that required legal clarity.
With the court’s guidance now in place, he said the path to completing the handover is clear.
The former President affirmed his willingness to see the transition completed openly and lawfully, in accordance with the Jubilee Party constitution.
“In regard to the long-delayed handover of the Party chairmanship, the Office clarifies that this process was not stalled by reluctance, but by a contested internal dispute that required legal clarity. With the court’s guidance, that path is now clear. The former President affirms his absolute willingness to see the handover completed openly, lawfully, and in strict accordance with the Party’s constitution. He looks forward to the Party’s processes moving forward without hindrance.”
He also expressed hope that Jubilee’s internal processes would proceed without further hindrance as the party begins a new chapter.
Uhuru said the development provides an opportunity to strengthen respect for the rule of law, the party constitution, and the next generation of leadership.
The High Court ruling followed a three-year legal and political dispute over Section 6 of the Presidential Retirement Benefits Act, which bars retired presidents from holding formal political party office for more than six months after leaving State House.
Section 6(1) of the Presidential Retirement Benefits Act states that a retired president shall not hold office in a political party for more than six months after ceasing to serve as president.
“A retired President shall not hold office in any political party for more than six months after ceasing to hold office as President.”
The law also provides for retired presidents to play consultative and advisory roles and allows Parliament, by a two-thirds vote, to withhold retirement benefits where a former president is found to have engaged in party politics contrary to the provision.
Uhuru Kenyatta left office on September 13, 2022, after serving two terms, but remained the leader of the Jubilee Party, a position he had held since the party’s formation in 2017.
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In May 2023, a faction within Jubilee declared his position vacant, citing the six-month restriction, and installed nominated MP Sabina Chege as acting party leader.
The dispute also reached the courts after rights activists Peter Odhiambo Agoro, Paul Muiruri Kiguathi and Damon Onyango Osawa challenged the constitutionality of Section 6.
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The petitioners argued that the provision discriminated against retired presidents and violated constitutional rights to equality, freedom of association and political participation.
The Attorney-General, Parliament and other respondents defended the provision, arguing that it was necessary to protect democratic transitions and prevent former presidents from exercising excessive influence through political parties.
In June 2025, the High Court invalidated resolutions that had installed the Sabina Chege-led faction in Jubilee, restoring Uhuru’s control over the party’s leadership structures.
That case concerned Jubilee’s internal leadership processes, not the constitutionality of Section 6 itself.
High Court Upholds Six-Month Restriction
On September 3, 2026, Justice Lawrence Mugambi delivered a ruling upholding Section 6 of the Act.
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The court found that the provision does not prevent retired presidents from remaining members of political parties or participating in political discourse. Instead, it restricts them from holding formal party office beyond six months after leaving the presidency.
Justice Mugambi also found the differential treatment of retired presidents reasonable and proportionate, citing the need to protect democratic governance and account for the special position former heads of state hold.
The court consequently dismissed the constitutional petition for lack of merit and upheld the law.
The ruling set the stage for Uhuru’s September 15 statement welcoming the decision and signaling his readiness to facilitate the Jubilee chairmanship handover in accordance with the law and the party constitution.
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