Gatundu South MP, Gabriel Kagombe's move to compel former President Uhuru Kenyatta to refund Ksh78 million in retirement benefits hit a first hurdle after activists petitioned the court to decline his prayers.
The activists, in a petition filed at the Milimani Law Courts in Nairobi, sought to quash Section 6 of the Presidential Retirement Benefits Act on the grounds that it discriminates against former presidents.
In their arguments, the activists told the court that the Presidential Retirement Benefits Act, which bars former presidents, including Uhuru, from participating in active politics, limits one's constitutional rights to make political decisions.
They thus sought the court's intervention to invalidate the clause stating, 'A retired President shall not hold office in any political party for more than six months after ceasing to hold office as President."
They prayed the court quashes the section adopted in 2003 and declares it null and void.
"Every person is equal before the law and has the right to equal protection and equal benefit of the law and the implicit or implied limitation under section 6 of the presidential retirement Benefits Act is in contravention of the constitution and is therefore, invalid," their petition read in part.
"That I am also aware that the bill of rights under the constitution of Kenya provides for sufficient protection against discretion of any kind," the duo added.
The petition also sought to protect Uhuru and shield him from refunding Ksh78 million in retirement benefits. Uhuru's home MP, Gabriel Kagombe, had tabled a motion to compel the former President to return the money wired to him by the National Treasury.
In his argument, Kagombe indicated that Uhuru violated the Presidential Retirements Act by storming Jubilee Headquarters and convening a National Delegates Conference, indicating that he was still politically active.
"The immediate former President has continued to receive benefits despite violating clause 4 (d). Now, therefore, as custodians of the law and public resources, this House resolves that the National government, through relevant ministries and agencies recovers Ksh78,764,000 paid to Uhuru Kenyatta," the motion read in part.
If approved, the petition by the activists would also give Uhuru a lifeline after a splinter group in Jubilee Party ousted him as the Party Led by East African Legislative Assembly (EALA) MP Kanini Kega.
Nominated Senator Sabina Chege was appointed to replace Uhuru as Jubilee Party Leader.
Kanini Kega's led faction based their decision on the Presidential Retirement Act, which they indicated barred Uhuru from participating in active politics six months after handing over the instruments of power.
"According to the Constitution, a retired president should not be involved in politics six months after leaving office. From the time he left office, his time lapsed in March 2023," Kega stated.
"The NEC Committee resolved that Sabina will serve as the acting party leader until the time we convene a National Delegates Convention (NDC) where we will select the leader who will run the party moving forward," he added.
However, Azimio opposed the move insisting that Uhuru was still the substantive Jubilee Party leader. Embattled Jubilee's vice chairperson, David Murathe, also argued that the Act was contrary to the Bill of Rights, with Chapter 4, section 2 (38) stating that every citizen is free to make political choices, which includes the right to form, or participate in forming a political party; participate in the activities of, or recruit members for, a political party; or campaign for a political party or cause.
