Azimio leaders have welcomed a High Court ruling that declares unconstitutional restrictions on the political participation of retired presidents. The ruling affirms former President Uhuru Kenyatta's right to remain active in politics. The decision was made by Justice Bahati Mwamuye, who declared Section 6 of the Presidential Retirement Benefits Act unconstitutional and void. This section had restricted retired presidents from holding formal political party leadership beyond six months after leaving office.
The ruling has clarified the position on Uhuru's continued political participation in Kenya's multiparty politics. Wiper Patriotic Front leader Kalonzo Musyoka stated that the decision had cleared up any confusion. He emphasized that Uhuru's decision to relinquish formal political offices did not mean he had surrendered his constitutional right to participate in politics. Kalonzo asked President William Ruto to stop treating Uhuru as a political competitor ahead of the 2027 General Election.
The ruling directly intersects with a political dispute that intensified during Ruto's recent tour of Nyanza. Ruto accused Uhuru of failing to act as a neutral retired statesman and instead remaining involved in opposition politics. Ruto referred to Uhuru as a "rebel leader" and questioned his continued political role. However, Justice Mwamuye's ruling takes a fundamentally different constitutional approach, holding that leaving the presidency ends the exercise of presidential authority but does not diminish the former president's constitutional rights as a citizen.
Justice Mwamuye found that the statutory restriction interfered with the political rights protected under Article 38 and could not be justified merely because the individual had previously occupied the presidency. The judge emphasized that a former president remains a private citizen with constitutional political rights after leaving office. This ruling could now open a new phase of political contest between Ruto and his predecessor Uhuru.
The Azimio la Umoja One Kenya Coalition Party, which rebranded as the Ukombozi Alliance, has welcomed the ruling. Uhuru serves as chairman of the Council of the Ukombozi Alliance under the slogan "One Term, One Team, One Coalition". Siaya Governor James Orengo criticized Ruto's recent remarks about Uhuru and the late former prime minister Raila Odinga. Orengo stated that most of them were offended by Ruto's words during his Nyanza tour.
Orengo denounced Ruto's characterization of Raila Odinga as a project in the strongest terms possible. He noted that it was Ruto who walked out on Raila Odinga and promised a more detailed response to the President's remarks at a later date. The opposition leaders spoke at the SKM Command Centre in Karen, Nairobi, shortly after the court ruling.
The court ruling has significant implications for Uhuru's continued involvement in politics. As chairman of the Jubilee Party and the Ukombozi Alliance, Uhuru's role in the opposition is expected to continue. The ruling may also affect the dynamics between Ruto and Uhuru ahead of the 2027 General Election.
Key points
- Azimio leaders welcome High Court ruling allowing former President Uhuru Kenyatta to remain active in politics
- The ruling declares unconstitutional restrictions on the political participation of retired presidents
- The decision affirms Uhuru's right to participate in politics, clarifying his position in Kenya's multiparty politics
