Central Organisation of Trade Unions (COTU) Secretary General Francis Atwoli has called for constitutional changes to regulate the conduct and political activities of retired presidents, a proposal that comes at a politically sensitive moment as President William Ruto and his allies intensify pressure on former President Uhuru Kenyatta.
Speaking during an interview with Citizen TV on Sunday, September 20, Atwoli argued that Kenya needed a permanent constitutional framework governing former heads of state, particularly because presidents can leave office while still relatively young and politically influential.
Atwoli specifically cited Uhuru Kenyatta and William Ruto, arguing that both would leave the presidency at ages that could allow them to remain politically active for many years.
His proposal has immediately gained political significance because it comes days after Ruto launched a fresh attack on Uhuru, accusing his predecessor of abandoning the role of a statesman and instead becoming a rebel leader involved in opposition politics.
Atwoli insists the proposal should not be interpreted as targeting Uhuru personally. However, the timing has inevitably placed the former president at the centre of the debate.
Mzee Atwoli Wants Constitution Changed to Control Retired Presidents ¶
Atwoli wants Kenya to revisit the Constitution and create a specific framework defining what retired presidents can and cannot do after leaving State House.
“We must revisit Kenya's Constitution,” Atwoli said, appealing to the Ruto administration to initiate wider consultations aimed at creating a constitutional chapter that would regulate retired presidents.
The veteran trade unionist argued that former presidents who retire relatively young could remain politically active and potentially create difficulties for administrations that succeed them.
His argument is built around the idea that former presidents should transition from political actors into nationally defined roles, rather than continuing to influence active partisan politics.
But the proposal raises a much bigger question about whether Kenya should create new restrictions around former presidents or whether existing laws already provide sufficient safeguards.
Atwoli Has Previously Pushed The Uhuru Proposal ¶
This is not the first time Atwoli has suggested that Kenya should constitutionally define the role of retired presidents.
In 2023, he proposed that a former president who had served for 10 years should automatically assume a peacemaking role provided for in the Constitution.
Atwoli argued at the time that Kenya needed to “squeeze” the Constitution and create a formal role for presidents after retirement.
The latest proposal therefore represents a continuation of Atwoli's long-standing argument rather than an entirely new position.
However, the political environment surrounding the proposal has changed significantly.
Uhuru is no longer simply a former president quietly living outside active government. His political influence remains a major subject of debate within Kenya's opposition politics, while Ruto and his allies have increasingly portrayed him as an obstacle to the administration ahead of the 2027 General Election.
Ruto Has Already Declared War on Uhuru's Political Influence ¶
Atwoli's intervention comes shortly after Ruto escalated his criticism of Uhuru.
Speaking in Siaya on September 15, Ruto accused his former boss of choosing to become a “rebel leader” rather than embracing the role of a statesman after leaving State House. He also accused Uhuru of backing political forces opposed to his administration.
The remarks followed a High Court decision concerning the political activities of retired presidents.
The court upheld Section 6 of the Presidential Retirement Benefits Act, which prevents a retired president from holding a leadership position in a political party beyond six months after leaving office.
Importantly, the ruling did not completely remove retired presidents from political life.
The law restricts formal party leadership but does not prevent former presidents from belonging to political parties or participating in political activities.
That distinction is critical because Uhuru has since agreed to relinquish his Jubilee Party leadership following the court ruling.
His office said the decision provided the legal clarity needed to complete the handover and maintained that the former president remained entitled to participate in political life.
The Real Question Is Whether Uhuru Should Be Silenced ¶
Atwoli's proposal now pushes the debate beyond party leadership and into the broader question of how much political freedom a retired president should retain.
If adopted, constitutional amendments could potentially create clearer restrictions on former heads of state, depending on what Parliament and the public ultimately agree upon.
That would be a major constitutional question because retired presidents remain Kenyan citizens with political rights.
The current High Court interpretation has already recognized a distinction between holding formal party office and participating in political activities.
Opposition figures have consequently argued that Uhuru cannot be treated as politically dead simply because he left State House.
Azimio leader Kalonzo Musyoka, for example, said the court ruling did not prevent Uhuru from remaining politically active, arguing that the law dealt with holding office rather than political membership or participation.
That leaves Kenya facing a difficult constitutional debate.
Should former presidents become strictly non-partisan national elders, or should they retain the same political freedoms available to other citizens while accepting restrictions on formal party leadership?
Atwoli Proposal Lands At A Politically Convenient Time ¶
The timing of Atwoli's intervention is what makes the proposal particularly politically charged.
Uhuru has become an increasingly important figure in the opposition landscape despite repeatedly maintaining that he does not intend to return to elective politics.
Ruto's administration, meanwhile, has repeatedly accused the former president of supporting political forces seeking to undermine the government.
Uhuru has denied claims that he is sponsoring opposition politicians and has maintained that he has no interest in seeking another political office.
The former president has also argued that, as a Kenyan, he retains the right to speak when he believes it is necessary.
That position means the emerging debate is no longer simply about the retirement benefits or formal responsibilities of former presidents. It is increasingly about whether leaving State House should also mean surrendering significant aspects of political participation.
A Constitutional Change Could Set A Precedent For Every Future President ¶
The most consequential aspect of Atwoli's proposal is that any constitutional amendment would not apply only to Uhuru.
It would establish rules that would eventually apply to Ruto and every future Kenyan president.
That is why the debate cannot be reduced entirely to the current Ruto-Uhuru political confrontation.
If Kenya creates stricter rules governing former presidents, future presidents would also leave office under the same restrictions.
For now, however, Atwoli's proposal has landed directly in the middle of an increasingly bitter political battle over Uhuru's influence.
With Ruto openly accusing his predecessor of behaving like an opposition leader and Uhuru insisting that retirement from State House does not amount to retirement from citizenship, the battle over the political role of former presidents is far from over.
The bigger question is whether Kenya is genuinely seeking a permanent constitutional framework for retired presidents or whether the latest push is being driven by the immediate political fight surrounding Uhuru Kenyatta.
