- They have sued the Attorney General, and the National Assembly of Kenya.
- The Registrar of Political Parties and Law Society of Kenya have been listed as interested parties.
Three activists have filed a case in court seeking to invalidate a law that hinders a retired President from participating in active politics.
Section 6 of the Presidential Retirements Benefits Act provides that “A retired president shall not hold office in any political party for more than six months after ceasing to hold office as ‘President’.
Peter Odhiambo Agoro, Paul Muturi Kiguathii, Damon Onyango Osawa in a seven-page case filed before the Milimani Constitutional Division, want the court to declare that section 6 of the “Presidential Retirement Benefits Act” is inconsistent with and in contravention of the constitution.
They argue the section is discriminatory and limits one's constitutional right to make political choices. Also sought is a declaration that the Act of Parliament which contravenes the constitution is invalid. “It is just and necessary that the petition be heard immediately and a determination be made to secure such liberty,” they say.
They have sued the Attorney General, and the National Assembly of Kenya. The Registrar of Political Parties and Law Society of Kenya have been listed as interested parties.
As a retired president, the law says Uhuru Kenyatta will be eligible for a pension at over Sh1,152,000 per month. He would also receive monthly entertainment and fuel allowance at the rate of Sh216,000 each. On retirement, he would also qualify for a house allowance at the rate of Sh331,200 per month.
A retired president should receive a fully funded furnished office and government remunerated staff as stipulated under the law. That President Uhuru Kenyatta was entitled to over Sh34,560,000 for the two terms he served as a send-off lump sum when he finally leaves office at the end of his term on August 9, 2022, was in no doubt.
The Presidential Retirements Benefits Act provides that the National Assembly may initiate a motion to block a retired president from accessing his retirement benefits on grounds of active involvement in politics. But for such a motion to sail through, the 349-member House has to marshal votes of not less than two-thirds of the members.
-Edited by SKanyara