Former President Uhuru Kenyatta has agreed to hand over the leadership of the Jubilee Party following a High Court ruling upholding a law that bars retired presidents from holding formal political party leadership positions beyond six months after leaving office.
The Office of the Former President said on Tuesday that Uhuru had taken note of the court’s decision upholding Section 6 of the Presidential Retirement Benefits Act, which governs the transition of retired presidents from formal political party leadership.
The former president said he respected the ruling and viewed it as an affirmation of Kenya’s democratic institutions.
“Uhuru Kenyatta has received this ruling in a spirit of profound respect for the judiciary. He notes that the court’s ruling is not a restriction on his political life; it is a reaffirmation of our democratic maturity,” the statement reads.
The statement added that the former president recognised that leadership extends beyond occupying a formal position.
“The 4th President of the Republic of Kenya acknowledges that leadership is not the chair one occupies; it is the trust one cultivates,” it added.
The Office of the Former President said the long-delayed handover of the Jubilee Party chairmanship was not caused by Uhuru’s reluctance to leave office.
It attributed the delay to an internal party dispute that required legal clarification.
“With the court’s guidance, that path is now clear,” the statement said.
Uhuru has been the Jubilee Party leader since the party was formed in 2017 and is also the chairman of the Azimio la Umoja One Kenya Coalition.
The former president has now affirmed his willingness to facilitate the handover in accordance with the law and the party’s constitution.
“The former President affirmed his absolute willingness to see the handover completed openly, lawfully, and in strict accordance with the Party’s constitution. He looks forward to the Party’s processes moving forward without hindrance,” the statement said.
Uhuru also welcomed what his office described as a new chapter for the Jubilee Party.
“Uhuru Kenyatta welcomes this new chapter for Jubilee, built on the rule of law, guided by the Party’s constitution, and carried forward by the next generation of leadership,” the statement reads.
The High Court ruled that the law restricting former presidents from holding formal leadership positions in political parties beyond six months after retirement remains valid and enforceable.
Justice Lawrence Mugambi delivered the ruling after dismissing a petition challenging Section 6(1) of the Former Presidents Benefits Act.
The judge distinguished between political participation and formal party leadership, noting that the law does not prevent a retired president from remaining a member of a political party or participating in political activities.
“What is prohibited is holding a leadership position in that party for more than six months after retirement,” Justice Mugambi said.
Uhuru left office in September 2022, meaning the six-month period provided under the law expired in early 2023.
The court ruling follows years of an internal dispute over the leadership of the Jubilee Party.
In 2023, a faction within the party declared Uhuru’s position vacant and appointed Nominated MP Sabina Chege as interim party leader, citing the legal provision limiting former presidents’ tenure in party leadership.
The decision triggered an internal dispute over the leadership of the party, including who had the authority to convene meetings, remove officials and correspond with the Registrar of Political Parties.
Uhuru and his allies challenged the changes, arguing that they violated the Jubilee Party constitution.
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