Monday, March 13, marked six months since the inauguration of President William Ruto. A stalemate ensued as President (Rtd) Uhuru Kenyatta had yet to quit party politics.
Uhuru was expected to retire from party politics in line with the Constitution, to receive over Ksh700 million in retirement perks.
Section 6(1) of the Presidential Retirement Benefits Act states, "A retired president shall not hold office in any political party for more than six months after ceasing to hold office as president.”
Kenyans.co.ke sought the legal opinion of Dr Brian Mutie, a lawyer and analyst, to determine how the uncertainty around Uhuru's retirement may be handled.
Former presidents are legally entitled to four cars replaced every four years. They have full medical coverage and fully furnished offices. They also have four secretaries, messengers, two personal assistants, four drivers, and bodyguards.
“There has been a precedence, in terms of our tradition as a country, that the elapsing of the six months does not automatically stop presidents from receiving what is constitutionally theirs.”
“The problem is how to define exit from active politics. The fact that you have resigned as a chair of a political party does not bar you from expressing yourself politically.”
Uhuru could quit party politics, but still, convene meetings, and issue political declarations. Dr. Mutie added that the Law allows him to enjoy his freedom of speech and other political rights as enshrined in Article 33 of the Constitution.
He hinted at the possibility that Uhuru will still receive his retirement perks due to the common political posturing in Kenya.
"We have seen before in the issue of the former Prime Minister, Raila Odinga, and former Vice President Kalonzo Musyoka who found themselves in the same quagmire," he added.
The Finance Act, 2022, assented to by former President Kenyatta, allowed Raila and Kalonzo to get retirement perks even though they are still politically active.
“Section 13 of the Retirement Benefits (Deputy President and Designated State Officers) Act, 2015 is amended. The benefits granted to an entitled person, or his or her surviving spouse, as the case may be, under this Act, shall be administered—in the case of a retired Deputy President, retired Prime Minister, or retired Vice President, by the office of the President, and shall be provided for in the estimates of the national government referred to in Article 221(1) of the Constitution,” it states.
The Constitution allows legislators to block a retired President, such as Uhuru, from receiving a retirement package if he is actively involved in politics. Should they table a motion, Kenya Kwanza legislators would need a majority of 233 Members of Parliament to pass it in Parliament.
Other reasons which could be used to block Uhuru from enjoying his retirement perks include: being convicted of an offence and sentenced to imprisonment for a term of a three-year jail term or more, without the option of a fine, ceasing to hold office on account of having acted in willful violation of the Constitution, or was guilty of gross misconduct; or has, since ceasing to hold office.
In February 2023, Uhuru, while addressing a rally in Luanda, Vihiga County, spoke against those pushing him to quit politics “I am retired, but I am not tired. I may be out of the office, but I am fully behind Raila.
“If he tells me we go this way, we will. I supported him in 2022, and I will back him because he is an honest man out to unite Kenya. I am not looking for any seat, but it is my right to back Raila.”
If Uhuru misses his retirement perks, it would signal a heightened political chess game between him and Ruto. However, it would need to be a well-calculated move by the government.
Nonetheless, Ruto's deputy, Rigathi Gachagua, hinted at Kenya Kwanza targeting Raila and Uhuru's businesses and ending their monopoly in the market.
"We saw a headline on Nation, regarding our plan to destroy businesses by two families. In terms of gas, they have been selling because of monopoly; hence we have decided to bring in more competitors for the price to decrease.
"In terms of milk, one person has had a monopoly. We're opening that sector for competition to benefit the farmer and decrease prices," Gachagua stated, seemingly indicating that the government was not wary of any consequences.
