Law barring Uhuru from politics null and void, court told
By Nancy.Gitonga, May 5, 2023
Three people yesterday moved to court seeking to invalidate a law that stops retired President Uhuru Kenyatta from participating in active politics or holding a leadership position in a political party.
In a petition filed at Milimani High Court, Peter Agoro, Paul Kiguathi and Damon. Onyango want the court to quash the law.
Section 6 of the Presidential Retirement Benefits Act for being discriminatory and for limiting the Constitutional right to make political choices.
“A declaration be issued that section 6 of presidential Retirement Benefits Act (No. 11 of 2003) is inconsistent with and in contravention of the Constitution of Kenya,” the three, through lawyer Okwenwa Elijah, state in their court papers
The provision being challenged provides that “a retired President shall not hold office in any political party for more than six months after ceasing to hold office.”
The petition comes at a time when there is a motion in Parliament seeking to stop pension benefits for the retired President and top Azimio leaders.
The motion filed by Gatundu South MP Gabriel Kagombe wants Uhuru, ODM leader Raila Odinga and Wiper’s Kalonzo Musyoka to refund Sh844 million they have received since they exited office “for actively engaging in politics.”
In the court case filed yesterday, the petitioners are aggrieved by the provision of Section 6 of the Presidential Retirement Benefits Act that bars retired presidents from participating in active politics or holding a leadership position in a political party.
“Owing to the guidelines that “every person is equal before the law and has the right to equal protection and equal benefit of the law” then the implicit or implied limitation under section 6 of the Presidential Retirement Benefits Act is in contravention of the constitution and the same should therefore be declared invalid,” the court papers read.
According to the activists, Section 6 of the Act does not appreciate that the laws enacted should be for prosperity not political witch-hunt as a parallel may be drawn to the USA, one of the oldest democracies in the world, which allows its retired president to hold political offices.