NEWS JUST IN: HIGH COURT DECLARES LAW BARRING RETIRED PRESIDENTS FROM ACTIVE POLITICS UNCONSTITUTIONAL
Justice Bahati Mwamuye has ruled that sections of the Presidential Retirement Benefits Act restricting retired presidents from engaging in active politics are unconstitutional.
Justice Mwamuye said that once a President ends their term, they cease to exercise the coercive and executive authority of the State and return to the position of a private citizen.
According to the judge, it is unconstitutional to impose restrictions that control the political life of a private citizen, noting that retirement from the presidency does not extinguish a former president’s constitutional political rights.
The ruling also declared key provisions of the Act unconstitutional and barred Parliament from using them to withdraw or reduce a former president’s retirement benefits because of political participation.
The decision comes days after another High Court ruling addressed restrictions on retired presidents holding political party positions, creating an important legal development around the political rights of former heads of state.