The High Court has barred Parliament from reducing or withdrawing the retirement benefits of a former President, declaring unconstitutional provisions of the law that restrict retired heads of state from engaging in political party activities.
In a ruling delivered today, Justice Bahati Mwamuye held that a President ceases to exercise the coercive and executive authority of the State upon leaving office.
The judge further ruled that the State cannot lawfully control the political life of a retired President who is now a private citizen.
Justice Mwamuye declared Sections 4(1), 4(2), 4(3), and the entire Section 6 of the Presidential Retirement Benefits Act unconstitutional, null and void.
The ruling effectively limits Parliament’s power to alter or withdraw retirement benefits provided to former Presidents and removes statutory restrictions on their participation in political party affairs.
