The High Court has ruled that Parliament cannot reduce or withdraw the retirement benefits of a former president, declaring parts of the Presidential Retirement Benefits Act unconstitutional.

• The court declared Sections 4(1), 4(2), 4(3) and the entirety of Section 6 of the Presidential Retirement Benefits Act unconstitutional.
• The case was filed by civic advocacy group Sheria Mtaani and activist Shadrack Wambui.
• The ruling protects former presidents' retirement benefits from legislative changes and allows them to hold political party office.

COTU Secretary General Francis Atwoli is advocating for constitutional amendments in Kenya to establish regulations for retired presidents, particularly concerning their political activities.

• Atwoli believes retired presidents leaving office at a young age could disrupt current governments.
• The proposal is aimed at creating a permanent constitutional framework, not targeting specific individuals like former President Uhuru Kenyatta or President William Ruto.
• Atwoli previously suggested a constitutional role for former presidents, such as a "peacemaker" after a 10-year term.

The High Court has declared a law restricting retired presidents from active politics unconstitutional, a decision that benefits former President Uhuru Kenyatta.

• The ruling, delivered on September 21, asserts that retired presidents are private citizens and cannot have their personal lives controlled by law.
• This decision affirms a previous ruling from September 14, which allowed retired presidents to participate in political activities but not hold leadership positions in political parties six months after retirement.
• The court emphasized that retired presidents cease to exercise executive authority and therefore should not hold party positions, a point reaffirmed by Justice Bahati Mwamuye.