HIGH COURT STRIKES DOWN RETIRED PRESIDENT BENEFITS LAW, OPENS POLITICAL SPACE
By Jeff Kizzilah Digital Editor
The High Court has declared key provisions of the Presidential Retirement Benefits Act unconstitutional, ruling that Parliament cannot rely on them to withdraw, reduce or otherwise disadvantageously vary retirement benefits protected for a former President.
In a judgment delivered by Justice Bahati Mwamuye on September 21, 2026, the court declared Sections 4(1), 4(2), 4(3) and the entirety of Section 6 of the Act unconstitutional, null and void.
The ruling means the invalidated provisions cannot be used to withhold, reduce, withdraw or extinguish retirement benefits protected under Article 151(3) of the Constitution.
Justice Mwamuye also struck down Section 6, which restricted retired Presidents from holding political party office. The court held that leaving the presidency ends the exercise of executive authority but does not extinguish a former President’s constitutional rights as a citizen. �
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The court further emphasized that Parliament remains free to legislate on presidential retirement benefits, but must do so within the limits of the Constitution.
The case was filed by Sheria Mtaani and lawyer Shadrack Wambui, challenging provisions of the Act relating to retirement benefits and political participation by former Presidents.
