Bad precedent? Why Ruto allies want Uhuru Kenyatta's perks stripped

President William Ruto’s ally, Samson Cherarkey, has started a process to review the perks of retired President Uhuru Kenyatta.

On Sunday, the Nandi senator threatened that the former Head of State’s retirement benefits would be withdrawn for his continued involvement in active politics and his attacks on President Ruto's government.

Senate Majority Leader Aaron Cheruiyot, another Ruto ally, lashed out at the former President, questioning his continued involvement in public political activities.

Cheruiyot warned that if Uhuru misbehaves, he would be treated like any other political opponent.

The weekend was characterised by calls from leaders allied to President Ruto to have Uhuru’s benefits stopped over what they termed as engaging in active politics.

And yesterday, Cherarkey filed a Motion in the Senate arguing that the Presidential Retirement Benefits Act provides for the granting of pension and other retirement benefits to former holders of the office of President upon ceasing to participate in active politics.

This, he said, is with the intention of safeguarding the dignity of the office and ensuring that retired presidents remain non-partisan and available for national advisory roles.

“Former President Uhuru Kenyatta has, since leaving office, been publicly reported and widely documented to have actively participated in partisan political processes, including attending and addressing political rallies and meetings aligned to specific political formations,” reads Cherarkey’s motion.

He also accused Uhuru of issuing public statements perceived as endorsing or opposing political actors and parties, and engaging in consultative and mobilisation activities associated with ongoing political contests and party positions across various parts of the country.

Other than Cherarkey, Ruto’s close aide, Farouk Kibet, has previously threatened to also initiate a process to stop Uhuru’s retirement benefits. 

Farouk accused Uhuru of divisive politics even as he warned him to stop funding opposition activities against the government.

He urged Parliament to go after the former Head of State’s retirement benefits, accusing him of practising divisive politics since exiting the political scene after his 10-year tenure.

“I want to tell him to stop inciting politics. We are asking the Majority Leader to table a Motion that whenever a political leader retires, his benefits should go to the people,” Farouk said last year.

Uhuru’s party, Jubilee, on Monday dared the government to go ahead and stop his benefits.

Jubilee Deputy Party Leader Fred Matiang’i revealed that Uhuru has only been receiving part of his benefits but has chosen to keep the matter quiet, even though it is within his rights to receive the constitutionally set perks. 

“It is just that Uhuru is a gentleman. There are some things that we have not been hoping to drum up and play up because, as someone who served in government at a senior level, I am shocked. Handling a retired President is the easiest thing for any government because the Constitution prescribes what he should get and how he should be treated,” Matiang’i said at a press conference held at Jubilee party headquarters in Nairobi.

According to Matiang’i, retired presidents' cars are supposed to be replaced at least after four years, but that has not been done, even as it emerged that payment for his staff may also be affected.

“When the President cannot be given the very basic benefits he deserves, it is just that he does not want to make issues about it and he is focusing on what is going on in his life. I think it is upon the conscience of those leaders to respond to this question,” Matiangi said.

On Monday, opinion was divided on whether Uhuru should lose his retirement perks.

Law Society of Kenya (LSK) president Charles Kanjama told The Standard that Article 38 of the Constitution cannot allow anyone who is not a state officer in office to be prohibited from exercising their political rights.

“The only people who are limited in the way they exercise political rights are state officers, and, to an extent, public officers. But somebody who is retired has political rights. So, whether he is engaged in politics or not, the Constitution gives him that right under Article 38 of the Constitution,” Kanjama said.

Constitutional expert Bob Mkangi, however, said it is difficult to discern how a retired president like Uhuru Kenyatta, who has never categorically declared his retirement, can be ‘passively’ involved in politics, a sphere in which one is either in or out.

“Section 4(1) of the Act provides that the National Assembly may, through a Motion endorsed by at least two-thirds of its membership, resolve to halt or vary a former president’s retirement package on the basis that the former Head of State continues to hold office in or is actively involved in the activities of a political party. As it stands, Uhuru Kenyatta is in violation of the Act and can be reprimanded by the National Assembly,” said Mkangi.

Cherarkey is seeking to have the House recommend revocation, variation, or reallocation of budgetary provisions relating to the benefits of the retired president, in line with the findings of the audit and subject to approval in accordance with the law.

He also wants the House to recommend that any funds recovered from benefits previously accorded to the retired president be redirected to serve the interests and welfare of the people of Kenya.

“The retirement benefits and allowances accruing to the retired president be withdrawn and/or reduced, in accordance with Section 4 of the Presidential Retirement Benefits Act,” the senator said.

“The Office of the Auditor-General, in collaboration with relevant State agencies, shall undertake a comprehensive audit of all public resources allocated to the retired president under the Act and submit a report to this House within 60days,” Cherarkey told the Senate.

He argued that Parliament has an oversight role over public finances and statutory benefits and must act decisively where there is credible concern that such benefits are being enjoyed contrary to the law.

The Nandi senator insisted that retirement benefits accorded to former presidents are funded from public resources and are intended to uphold national unity, institutional respect, and non-partisanship.

Any deviation from these principles, he argued, raises serious concerns about accountability and prudent use of public funds.

“There is a need to ensure strict compliance with the law governing retired presidents and to uphold the integrity of public expenditure, transparency, and accountability in the allocation and utilisation of state resources,” Cherarkey said.

According to the senator, actions by the former president, if established, amount to active engagement in political party activities contrary to the spirit and letter of the Act, which undermines the rationale for continued enjoyment of publicly funded retirement benefits.

Kanjama said that the Retirement Act can take away the benefits he enjoys if he engages in politics. However, the question is whether the provision is constitutional because there is no clearly demonstrated purpose for telling someone that if they engage in politics, they lose their pension.

“For me, the question of whether he is engaging in politics or not is secondary. The primary question is, should he lose his pension if he is engaged in politics? Because the Constitution provides certain rights for citizens, including a retired president,” he said.

“By being a party leader, you are engaging in politics and there is no question about it. But on the underlying question of whether he should lose his pension is that one would have to first test that provision and determine whether it is constitutional or not.” 

This is not the first time that the issue of Uhuru’s perks has emerged.

In 2024, former State House Spokesperson Kanze Dena said that the office of the former president was being deprived of funds, noting that the constitutional rights of the office had been degraded by Ruto’s administration.

“The lack of access to rightful budget allocation has forced the former president to run the office from his pocket, paying all the bills the office incurs,” Ms Dena said in June 2024.

At that time, Dena said that out of the Sh1 billion allocated by Parliament to the office in the financial years of 2022/2023 and 2023/2024, it had only received Sh28 million.

As this happened, Jubilee party secretary general Moitalel ole Kenta regretted that Uhuru’s name had often been invoked in failures of government.

But the party insisted that Uhuru’s leadership record, role in regional peace initiatives, and continued engagement in matters of national and continental importance place him firmly within the league of leaders whose voices cannot, and should not, be confined by political convenience.

At a time when Kenyans are grappling with the high cost of living, shrinking economic opportunities, and growing uncertainty about the future, Kenta said voices of experience are needed to contribute to national discourse.

 “Uhuru’s remarks were not incendiary; they were reflective. They were not divisive; they were grounded in the lived realities of Kenyans. And yet, they have been met with hostility that betrays a troubling insecurity at the highest levels of leadership,” he said.