Kenya’s fourth President, Uhuru Kenyatta, has accepted a recent High Court decision barring him and other retired presidents from occupying leadership positions in political parties for more than six months after leaving office.
In a statement issued on Tuesday, September 15, a day after the ruling, Uhuru said he had received the decision with respect for the judiciary and was prepared to facilitate the handover of the Jubilee Party leadership.
The former President maintained that the judgment should not be viewed as limiting his political activities, but rather as a demonstration of the strength of Kenya’s democratic institutions.
"The Office of the former President has taken note of the High Court's ruling upholding Section 6 of the Presidential Retirement Benefits Act, which guides the transition of retired presidents from formal political party leadership," Uhuru stated through his office.
"H.E. Uhuru Kenyatta has received this ruling in a spirit of profound respect for the judiciary. He notes that the court's ruling is not a restriction on his political life; it is a reaffirmation of our 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 added.
Uhuru said the ruling had effectively removed the legal uncertainty surrounding the long-delayed transfer of the Jubilee Party chairmanship, which had been caught up in an internal dispute.
He explained that the delay was not due to his unwillingness to relinquish the position, but arose from disagreements within the party that required intervention and clarification through the courts.
"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 statement read.
Following the court's decision, the former President said he was fully prepared to have the leadership transition completed in accordance with both the Jubilee Party constitution and Kenyan law.
Uhuru further expressed confidence that the party would now be able to proceed with its internal processes without further legal or procedural obstacles.
"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," the statement added.
In a ruling delivered on Monday, September 14, Justice Lawrence Mugambi rejected a petition seeking to challenge Section 6 of the Presidential Retirement Benefits Act.
The provision stipulates that a retired president cannot occupy a leadership position in a political party for more than six months after leaving office.
Justice Mugambi found that the restriction does not infringe on the constitutional rights to freedom of association, political participation or equality.
The judge further held that former presidents are still entitled to join political parties and engage in political activities after their retirement from office.
The decision means Uhuru Kenyatta can continue being a member of the Jubilee Party but is prohibited from holding a leadership position in the party beyond the six-month period provided for under the law.
Following the court's decision, the Jubilee Party is expected to begin the process of transitioning its leadership.
Deputy Party Leaders Fred Matiang’i and Jeremiah Kioni are among the figures who could play a leading role in the party's next phase.
