Bring it on: Azimio dares Ruto to chop Uhuru, Raila retirement pay

A section of President William Ruto's allies insist it is time to stop the hefty perks given to retired President Uhuru Kenyatta, Azimio leader Raila Odinga and Wiper boss Kalonzo Musyoka over their involvement in politics.

The MPs led by Uhuru's own Gatundu South lawmaker Gabriel Kagombe insist taxpayers’ money cannot be used to fuel havoc in the country, in reference to the anti-government demos.

Rarieda MP Otiende Amollo questioned the interpretation of the Act, insisting the move is unconstitutional and the proposals by Ruto's team must not be allowed to pass. 

"You cannot even be talking about removing benefits; benefits is not about the present. Benefits is all about the past, what you did in the past," Otiende, a senior counsel, told the Star.

"We will raise objections that it cannot be discussed [in Parliament] and if it was to be discussed then we will get opportunity to expose this regime for what it is."

Some lawyers have also raised issues with the law, arguing that the political rights of an individual cannot be curtailed by any legislation. 

According to lawyer Willis Otieno, any law that tries to take away political rights of an individual including former presidents, prime minister and vice presidents is illegal.

“Article 38 is where you start. The political rights enshrined there cannot be taken away including by virtue of having held an office, however high, even that of the president, as the case may be,” Otieno told the Star.

“The retirement envisaged in law is from office. The misguided interpretation by the Kenya Kwanza people is that you retire from enjoying political rights once you leave office.”

He gives the example of the US where ex-President Barack Obama has been campaigning for Democratic candidates in nearly all cadres of elections.  

Kenya Kwanza MPs however say Uhuru, Raila and Kalonzo have satisfied the conditions for withdrawal of the benefits as captured in both the Presidential Retirement Benefits Act, 2003 and the Retirement Benefits (Deputy President and Designated Officers) Act, 2015.

Under the Presidential Retirement Act, the National Assembly through a motion supported by the votes of not less than two-thirds of the members can resolve that a retired president or his surviving spouse is not be entitled to the whole or any part of the benefits.

Active participation in politics and continued holding of political party offices are among the reasons listed for such a decision.

Uhuru, Raila and Kalonzo are party leaders of Jubilee, ODM and Wiper respectively.

Kagombe has gone ahead to sponsor a motion – a waiting Speaker’s approval – to invoke the section of the law that could dealt a blow to the once powerful leaders.

Movement for Democracy and Growth party leader David Ochieng’ backed the withdrawal of benefits, noting the law was enacted for "good order of doing things".

“It is upon the retired president to decide whether he wants to continue being party leader or retire and enjoy benefits, he cannot have the two,” Ochieng’ said.

But the Azimio brigade led by National Assembly Minority Leader Opiyo Wandayi dismissed the motion as pointless and a waste of Parliament’s time.

He dared their opponents to bring it on.

The Ugunja lawmaker said the Kagombe motion is irrelevant and will not see the light of the day.

“It is hogwash; you cannot purport to reverse what is provided for by a statute/Act of Parliament through a motion,” Wandayi told the Star.

Otiende and Nairobi Senator Edwin Sifuna – both lawyers – concurred, terming the motion as not only unconstitutional but also an impossibility.

Otiende, who also co-chairs the joint bipartisan committee, urged National Assembly Speaker Moses Wetang’ula not to approve the motion, which he maintains is sensational and flies on the face of the House rules.

“That motion I can only describe as nonsensical and sensationalised. Our Standing Orders are very clear. You cannot bring a motion that is in direct contradiction with an existing legislation,” Otiende said on phone.

“The benefits that those officers hold as former head of state, former prime minister and former vice president are in legislation and Standing Orders do not allow a motion that is in direct contradiction to legislation.”

Sifuna concurred, insisting that the only option to have the trio's retirement benefits quashed is to push for scrapping of the Retirement Benefits Act.

“The benefits are drawn from existing legislation, an Act of Parliament.  If you want to remove those benefits you amend the law to remove those benefits from them or repeal the law,” the ODM secretary general said.

Under the retirement law, the three are entitled to a fat pension, round the clock security, top of the range cars, drivers and personal assistants.

All these they stand to lose should the House that has been tilting daily towards President William Ruto vote in support of Kagombe’s motion.

Currently, President William Ruto camp in Parliament is a few seats shy of having a super majority in the bi-cameral House.

The numbers could give Ruto's team a free hand to engineer key constitutional changes, including invoking the section that denies retired VIPs benefits.

After President Ruto's twin raid at his predecessor Uhuru Kenyatta and Azimio leader Raila Odinga's camps, Kenya Kwanza just needs 15 MPs to get the magical two-thirds majority in the National Assembly.

Before the raid, the Ruto side had 179 out of the 349 members in the National Assembly and 36 members in the 67-member Senate.

But that has since changed with 218 MPs in the National Assembly, including UDA-leaning independents, pledging allegiance to Kenya Kwanza.