The recent push and pull between Former President Uhuru Kenyatta's office and the State House has been centred around several issues regarding Uhuru's retirement benefits including his choice of a retirement office.
In particular, the Office of the 4th President has alleged that the government has not maintained Uhuru's retirement office. The office is situated at his Caledonia home near the State House.
On the other hand, the government has maintained that it cannot rent out the Caledonia office space, citing a conflict of interest given that the office is based in Uhuru's home- making him the landlord and tenant.
However, what does the law say? Kenyans.co.ke, looks at the Presidential Retirement Benefits Act, which stipulates the retirement package for Uhuru's retirement office.
According to the Presidential Retirement Benefits Act of 2003, Uhuru is entitled to a suitable office space. Further, the law also details the space limit for the office.
Therefore, it is important to take note of the word suitable as it is the bone of contention.
"A retired President shall, during his lifetime, be entitled to a suitable office space, not exceeding one thousand square metres, with appropriate furniture, furnishings, office machines, equipment and office supplies, to be provided and maintained by the government," reads the Acts in part.
What Uhuru is Saying
Speaking during an interview on Citizen TV, the Spokesperson at Uhuru's Office, Kanze Dena explained why the former Head of State opted for the Caledonia home.
According to the former State House Spokesperson, Uhuru opted for his home because it is suitable.
"It is important for us to go back and find out what has been happening with the other beneficiaries. Somehow, the onslaught is there because it is former President Uhuru Kenyatta," she stated.
"The Nyari office (used by Kibaki) is not his suitable choice. That is what the Act stipulates. Even the office in Nyari was not selected by the then government. It was selected by the late President Mwai Kibaki and his team. When the decision was made to buy the office, it was because Kibaki chose it."
What the Govt is Saying
According to the government, Uhuru cannot rent his property. Instead, he should use the office that was used by former President Mwai Kibaki.
"In 2012/2013, the government purchased an office of the retired President. This office is located in Nyari, Nairobi. This is the office the late President Mwai Kibaki used for nine years, between 2013 and 2022," Government Spokesperson Isaac Mwaura stated.
"It is, therefore, a suitable office for any retired President. By rejecting this office and preferring that the government leases his own private home, the Third Retired President is inviting the government to violate procurement laws, regulations and procedure."
Definition of the word suitable; According to the Oxford Dictionary, suitable is defined as "right or appropriate for a particular person, purpose, or situation."
Lawyer's Interpretation
Weighing in on the recent push and pull over the office space, Lawyer Willis Otieno opined that there was nothing wrong with Uhuru preferring his Caledonia home as an office space.
He explained that it would only be wrong if Uhuru overcharged rent or was using two offices for the same function.
"I do not think that there is any conflict of interest because what he is entitled to is an office and that office should paid for. As long as the office is within the determined rental range the government is asking for, then they are entitled to say that that is the office they will be using and are comfortable with," the lawyer stated.
"It would be wrong if Uhuru insisted that he be paid rent and at the same time demanded to use another state facility as his official office. As it is, I do not think he is asking for beyond what the law provides for."
