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Is Uhuru breaking the law by engaging in politics?

Is retired president Uhuru Kenyatta breaking the law by engaging in active politics?

The former Head of State, who handed over power to President William Ruto in September 2022 after a decade in power, has been in the spotlight in recent times after recently storming the Jubilee party headquarters and taking sides in a leadership tussle involving the Kanini Kega and Jeremiah Kioni factions.

The former president has also placed an advert in the dailies calling for a meeting of the political party.

The move comes as allies of President Ruto accuse Mr Kenyatta of funding the anti-government projects led by Azimio leader Raila Odinga.

The President Retirement Benefits Act indicates that a retired president should stay away from politicking.

It states: “A retired president shall not hold office in any political party for more than six months after ceasing to hold the office as president.”

The Act also states that a ‘retired president is expected to play a consultative and advisory role to the Government and the People of Kenya’ and that he ‘may be requested by the government to perform special official functions and shall be paid a reasonable allowance in respect of such official functions’.

During his visit to the Jubilee offices, the former president asked members who weren’t interested in the way the political outfit was run to quit.

Besides politicking, Mr Kenyatta has also actively been involved in peace talks in Ethiopia and the Democratic Republic of Congo.

Mr Kenyatta’s actions at the Jubilee party offices, which include addressing a press conference where he criticized the police, come weeks after an expansive land associated with his family was raided and property worth millions of shillings stolen before it was set ablaze.

The Police are yet to arraign any suspect in court in relation to the offence.

In a related move, a study conducted by Trends and Insights for Africa (TIFA) indicated 59 percent of Kenyans want the former president to quit active politics and enjoy his retirement while 36 percent want the former President to stay politically active and support politicians and policies that he agrees with.

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