High Court bars parliament from reducing former presidents’ retirement benefits
Justice Bahati Mwamuye declared Sections 4(1), 4(2), 4(3) and the entirety of Section 6 of the Presidential Retirement Benefits Act unconstitutional, null and void.
Nairobi, Kenya - The High Court has ruled that Parliament cannot diminish the retirement benefits of a former president and struck down a law limiting retired heads of state from joining political parties. Justice Bahati Mwamuye declared Sections 4(1), 4(2), 4(3) and Section 6 of the Presidential Retirement Benefits Act unconstitutional.
The court found that the Constitution offers stronger protection for former presidents' retirement benefits compared to the legislation. The case was brought by a civil advocacy group and an activist against the Senate, National Assembly, and Attorney-General. The judge rejected the idea that Parliament could impose conditions on benefits protected by the Constitution.
Retired presidents can still hold political party positions, and their pension is treated as a protected property right. The court also found the restriction on political inactivity unconstitutional as it interferes with political rights. The May 4 parliamentary motion to review former presidents' benefits remains in effect, but the court did not quash it.
Written by urgent.news from Capital FM Kenya's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
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