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Kenyan Senator Nandi Samson Cherargei has contested a High Court ruling that deemed Section 6 of the Presidential Retirement Benefits Act unconstitutional. Cherargei contends that the section serves as a necessary measure to prevent former presidents from retaining political power post-retirement. The senator took issue with the High Court's judgment in Kiambu dated September 21, 2026, which was based on a previous decision made on September 3, 2026, in Constitutional Petition No. E154 of 2023.

Both rulings present conflicting interpretations of Section 6, leading Cherargei to call for appellate intervention to clarify the law's meaning. According to Cherargei, Section 6 does not prevent retired presidents from engaging in politics, joining political parties, or voicing political opinions. Instead, the provision is specifically concerned with former presidents continuing to hold formal political party offices for more than six months after leaving office.

Cherargei emphasized that political rights under Article 38 of the Constitution do not inherently limit Parliament's ability to impose conditions in line with Article 24. He argued that the earlier decision had acknowledged the provision's aim of protecting democratic governance and preventing the continuance of presidential authority through formal political structures.

Cherargei highlighted the unique position of a retired president, who might still wield substantial public influence after leaving office. He argued that Parliament has the right to enact regulations governing the post-presidential occupation of formal party leadership roles by former presidents. Cherargei maintained that Section 6 aims to ensure a smooth transition from the presidency into retirement while permitting former presidents to continue participating in political activities.

He described the Kiambu judgment as the removal of a crucial legislative safeguard and an issue concerning Parliament's constitutional right to regulate a retired president's political activities. The senator urged the conflicting High Court rulings to undergo appellate review to establish a clear interpretation of the law. Cherargei expressed respect for the judiciary but strongly disagreed with the Kiambu High Court's decision to invalidate Section 6, stating that a definitive ruling is needed to provide clarity and consistency in the legal framework governing retired presidents in Kenya.