The High Court has dismissed a petition seeking to permanently bar retired presidents, deputy presidents, governors and deputy governors from holding any other public office after completing their constitutional terms, ruling that such restrictions have no basis in the Constitution.
In a judgement delivered by Justice Roselyne Aburili, the court held that it could not introduce eligibility requirements that were not expressly provided for in the Constitution, saying doing so would amount to amending rather than interpreting the law.
The ruling means former leaders who have completed their constitutional terms remain eligible to seek elective office or accept public appointments, provided they meet the legal requirements.
“One of the defining features of the Constitution is the expansion, rather than the restriction, of democratic participation,” the judge said.
“Courts are not at liberty to create additional restrictions where none exist. To do so would not amount to interpretation; it would amount to constitutional amendment by judicial fiat,” she added.
Justice Aburili further observed that the Constitution clearly outlines the qualifications and disqualifications for elective office, and that the courts cannot infer restrictions that were never enacted.
“Had it been intended that Deputy Presidents or Deputy Governors retire permanently from public service upon the expiry of their constitutional tenure, nothing would have been easier than to say so in express terms,” the court said.
It added that the constitutional silence demonstrated that “no such disability was intended.”
The petition had been filed by Maxwel George Murungaro, who identified himself as a survivor of the 2007/08 and 2017 post-election violence. He argued that once presidents, deputy presidents, governors and deputy governors complete the maximum constitutional terms, they should be permanently barred from holding any other State office.
Murungaro also sought orders preventing the Independent Electoral and Boundaries Commission (IEBC) from clearing such former office holders to contest future elections.
However, the Attorney-General opposed the petition, arguing that the Constitution treats the offices of President and Deputy President as distinct constitutional positions and contains no provision imposing a lifetime ban on former office holders from returning to public service.
Had the petition succeeded, several former governors currently serving as Cabinet Secretaries, senators and heads of State agencies would have been disqualified from occupying both elective and appointive public offices.
Murangaro maintained that his proposal would strengthen constitutional governance and reduce the risk of political tensions ahead of the 2027 General Election, but the court found that such policy considerations could not override the clear provisions of the Constitution.
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