The High Court has ruled that the 2013 law passed on president benefits after retirement from office as unconstitutional and invalid.
Justice Issac Lenaola yesterday withdrew all the benefits enjoyed by Former Presidents Mwai Kibaki and his predecessor Daniel Toroitich Arap Moi claiming that parliament had not involved the Salaries and Remuneration Commission (SRC) before passing the law.
The law of Kenya requires the SRC to be consulted when it comes to issues of remuneration and retirement of State officers.
The law which was effected during president Kibaki's regime outlined that retired presidents would get a lump sum of Sh12.6 million for each term served, pension of Sh560,000 a month, entertainment allowance of Sh280,000 and Sh300,000 a month housing allowance for both urban and rural homes.
In the 2013 law, the presidents would also get two new cars every three years, fueling allowance, a state burial among other benefits.
The approval of the law was met with alot of criticism which further provoked the Kenya National Human Rights Commission to sue the Attorney General and President Kibaki citing violation of the constitution.
According to the Nation, Mr Lenaola argued that failure to involve SRC meant that parliament and Mr Kibaki wrongfully used their offices to determine their own salaries and benefits which was contrary to the constitution.
"This Court does not therefore have any other option but to fault the Presidential Retirement Benefits (Amendment) Act for the failure of Parliament to involve the SRC, " Justice Issac Lenaola stated.
Read Also: Why Mwai Kibaki's Water Supply Might Be Disconnected
