NAIROBI, Thursday, 13 November 2025, 9:22 AM EAT – More than three years after a peaceful transfer of power, former President Uhuru Kenyatta remains a formidable and active figure in Kenya's political landscape, a reality that is forcing a national conversation about the role and limits of a retired head of state. His continued leadership of the Jubilee Party, his influential position within the Azimio la Umoja One Kenya Coalition, and his vocal critiques of the current administration are a stark departure from the quiet retirements of his predecessors, Daniel arap Moi and Mwai Kibaki. This has ignited a complex debate, pitting constitutional rights against political tradition and raising questions about stability and democratic maturity.

At the heart of the matter is the Presidential Retirement Benefits Act of 2003. Section 6 of the Act stipulates that a retired president shall not hold office in any political party for more than six months after leaving office. This provision, designed to ensure former presidents transition into roles as elder statesmen, is now the subject of a court challenge filed by activists who argue it unconstitutionally limits an individual's political rights. Proponents of Mr. Kenyatta's continued involvement argue that as a citizen, he retains his full constitutional right to political participation. They point to international examples, such as former U.S. President Barack Obama, who remains a significant voice in American politics, to argue that experienced leaders should not be forcibly silenced.

A Dual Role: Statesman and Party Leader

Complicating Mr. Kenyatta's position is his dual role. On the one hand, he serves as a respected international peace envoy for the Great Lakes Region and the Horn of Africa, a role he was appointed to by his successor, President William Ruto, shortly after the 2022 inauguration. This appointment, which was welcomed by international partners like the United States, leverages his deep regional experience in mediating conflicts in the Democratic Republic of Congo (DRC) and Ethiopia. However, critics argue this statesmanlike role is undermined by his domestic political activities. They contend that his active leadership of the Jubilee Party and his strategic positioning within the Azimio opposition coalition create a perception of two competing centers of power, which could destabilize the nation.

Recent political activities have amplified these concerns. Mr. Kenyatta has chaired Jubilee Party meetings, vowing to revitalise the party ahead of the 2027 general elections and affirming its continued membership in the Azimio coalition. His public appearances and statements, sometimes critical of the Kenya Kwanza administration's policies, have been interpreted by government allies as attempts to undermine President Ruto's government. This has led to a persistent and often public political friction between the current and former presidents, a dynamic unseen during the transitions of Presidents Moi and Kibaki, who both largely withdrew from partisan politics after their terms.

The Precedent and the Future

The post-presidency of Mwai Kibaki, in particular, is often cited as the traditional model. After handing over power in 2013, Kibaki maintained a low public profile, offering counsel privately but refraining from engaging in the daily political fray. This approach was seen as crucial for allowing his successor the political space to govern without the shadow of the former administration. Mr. Kenyatta's decision to chart a different course sets a new and potentially transformative precedent for future retired presidents in Kenya.

The debate also touches on the significant state resources allocated to a retired president, including a pension, allowances, and a fully furnished and staffed office, as stipulated by the Presidential Retirement Benefits Act. Questions have been raised about whether it is appropriate for a former president to utilize these taxpayer-funded benefits while actively engaged in partisan politics aimed at challenging the sitting government. The Act itself provides that Parliament can move to block these benefits if a retired president is found to be in contravention of its clauses, including the one on political party involvement.

As Kenya navigates this untested constitutional and political territory, the nation watches closely. Mr. Kenyatta's actions are not just shaping his own legacy but are also defining the unwritten rules of democratic transition and the enduring role of leadership in the country. The outcome of the ongoing court case and the political developments leading up to 2027 will be critical in determining whether Kenya embraces a model of active ex-presidents or reinforces the tradition of political retirement, ultimately shaping the balance of power and the nature of opposition politics for years to come.