Former President Uhuru Kenyatta has agreed to hand over the Jubilee Party chairmanship following a High Court ruling upholding a law that bars retired presidents from holding leadership positions in political parties.
Uhuru’s office said the ruling has provided the legal clarity needed to complete the long-delayed transition of the party leadership.
The office said the handover had not been delayed because of Uhuru’s reluctance but because of a contested internal dispute that required legal clarification.
“The former president affirms his absolute willingness to see the handover completed openly, lawfully, and in strict accordance with the party's constitution. With the court’s guidance, that path is now clear,” his office said in a statement issued on Tuesday.
Uhuru has also expressed hope that Jubilee’s internal processes will now proceed without hindrance as the party prepares for the next phase of its leadership.
The former president welcomed the court’s decision, saying he received it with profound respect for the judiciary.
His office said Uhuru views the ruling not as a restriction on his political life, but as a reaffirmation of Kenya’s democratic maturity.
“The 4th President of the Republic of Kenya acknowledges that leadership is not the chair one occupies; it is the trust one cultivates,” the statement said.
The court ruled that Section 6 of the Presidential Retirement Benefits Act does not unfairly discriminate against former presidents and is a reasonable limitation on their political rights.
Justice Lawrence Mugambi dismissed a petition filed by Peter Odhiambo Agoro, Paul Muiruri Kiguathi and Damon Onyango Osawa, who had challenged the provision on grounds that it violated their constitutional rights to equality, freedom of association and political participation.
The petitioners argued that retired presidents remain Kenyan citizens after leaving office and should therefore enjoy the same political rights as other citizens.
They contended that Section 6 discriminated against retired presidents by restricting their ability to hold office in political parties while imposing no similar limitation on other citizens.
The section provides that: “A retired president shall not hold office in any political party for more than six months after ceasing to hold office as president.”
It also states that a retired president is expected to “play a consultative and advisory role to the government and the people of Kenya.”
In their petition, the applicants sought a declaration that the provision was unconstitutional and an order compelling Parliament to repeal or amend it to bring it into conformity with the Constitution.
However, Justice Mugambi found that the petitioners had used an improper comparison by placing retired presidents in the same category as ordinary citizens.
“The former president falls in a completely different category,” the judge ruled.
Justice Mugambi said a retired president belongs to a special category of citizens because of the office previously held and the political influence that comes with it.
“His stature in politics cannot be compared to an ordinary citizen who has not held such a high political office and his ability to influence politics in a manner that could hinder genuine political competition,” the judge said.
The court further held that the restriction did not amount to unfair discrimination because the difference in treatment could be justified by the unique position occupied by a former head of state.
The judge noted that the law does not prevent a retired president from belonging to a political party.
“Moreover, as to whether the limitation is reasonable in view of Article 36 and 38 are concerned, it is also necessary to underscore that the former President is not precluded from.
Uhuru’s office said he welcomed a new chapter for Jubilee, built on the rule of law and guided by the party’s constitution.
The former president expressed support for the party being carried forward by the next generation of leaders.
