The presidential retirement benefits law, that granted former presidents Mwai Kibaki and Daniel Moi millions of shillings monthly, is unconstitutional.
High Court Judge Isaac Lenaola ordered the withdrawal of all the benefits the two leaders have been enjoying after finding the Presidential Retirement Benefits (Amendment) Act of 2012 not to be in accordance with the constitution.
Lenaola’s ruling on Friday, September 12, 2015 declared the law invalidated, null and void but did not specify whether the two leaders should refund the irregular benefits.
The case had been filed by Kenya National Commission on Human Rights (KNCHR) in January 2015 citing a lack of input from the Salaries and Remuneration Commission (SRC).
Attorney-General Githu Muigai’s attempts to have the case dismissed on the grounds that it would be interfering with the legislative duties of Parliament were unsuccessful.
Parliament had ignored a similar advise from Constitution Implementation Commission (CIC) Chairman Charles Nyachae to drop all retirement bills as they violated the constitution in accordance to the salaries and remunerations act.
Mwai Kibaki went ahead and assented to the Bill in 2013 despite protests from the civil society groups.
Consequently, he earned a lump sum of KSh 25.2 million for serving two terms as president; a monthly pension of KSh 560,000; entertainment allowance of KSh 280,000; fuel allowance of KSh 195,000; house allowance of KSh 299,000; and annual in-patient medical cover of up to KSh 21.2 million.
The presidents were also entitled to two new cars (to be replaced after every three years), two personal assistants, four secretaries, four messengers, four drivers and bodyguards.
The government spent a total of KSh 82.86 million on Mwai Kibaki’s retirement benefits in the 2014/15 financial year and KSh 66.85 million on Moi.
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