Retired President Uhuru Kenyatta is set to relinquish his Jubilee Party leadership following a High Court ruling barring former presidents from holding political party office beyond six months after leaving State House.
Justice Lawrence Mugambi delivered the ruling on September 14.
The court, however, made it clear that retired presidents are still free to join and participate in political party activities.
Kenyatta has said he will comply with the ruling and facilitate the handover of his position in accordance with the Jubilee Party constitution.
‘Leadership is not the chair’
Through the Office of the Communications Secretary at the Office of the Fourth President, Kenyatta said the ruling was a reaffirmation of Kenya's democratic maturity.
He also maintained that the decision does not amount to a restriction on his political life.
“The 4th President of the Republic of Kenya acknowledges that leadership is not the chair one occupies; it is the trust one cultivates,” his office said.
Kenyatta expressed confidence that the leadership transition would be seamless.
Why the handover was delayed
The former president's office also addressed the delayed handover of the Jubilee Party chairmanship.
It said the process had not been held up by reluctance, but by an internal dispute that required legal clarification.
“With the court's guidance, that path is now clear,” the statement said.
Kenyatta welcomed what his office described as a new chapter for Jubilee, to be guided by the rule of law and the party's constitution.
Court challenge
The ruling followed a petition challenging Kenyatta's continued occupation of a political party office.
The petitioner argued that his position contravened Section 6 of the Presidential Retirement Benefits Act.
Justice Mugambi dismissed the petition but said former presidents occupy a unique position in Kenya's political landscape.
The judge noted that former presidents can wield significant influence capable of affecting genuine political competition.
The court also considered the circumstances surrounding the enactment of the law in 2003, when Parliament sought to prevent a former president from retaining political power through a successor.
With the court's position now clear, Kenyatta is set to hand over the Jubilee Party leadership and make way for the next phase of the party's leadership.
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