Friday, September 11, 2015 Kibaki and Moi retirement perks abolished by judge

Former Presidents Mwai Kibaki and Mr Daniel Toroitich arap Moi. FILE PHOTO | NATION MEDIA GROUP

Summary

• Justice Isaac Lenaola ruled that the law passed in 2013 was unconstitutional. He thus withdrew all the benefits Mr Kibaki and Mr Moi have been enjoying since leaving office.
• Justice Lenaola withdrew all the benefits and agreed with the Kenya National Commission on Human Rights, which argued that Mr Kibaki irregularly signed the law on the presidential retirement in 2013.

Former presidents Mwai Kibaki and Daniel Moi will lose millions of shillings in retirement benefits after the High Court annulled a law on the hefty perks.

Justice Isaac Lenaola ruled that the law passed in 2013 was unconstitutional. He thus withdrew all the benefits Mr Kibaki and Mr Moi have been enjoying since leaving office.

He said parliament violated the constitution by passing the law without involving the Salaries and Remuneration Commission.

“The law is invalidated and declared null, void and unconstitutional,” ruled Justice Lenaola.

The judge did not order the former presidents to refund the money they have earned, but it opens a leeway to force them to return the money.

Mr Kibaki took home Sh25 million lump sum having served as President for two terms. He was also getting a pension of Sh560,000 a month, entertainment allowance of Sh280,000 and Sh300,000 a month housing allowance for his urban and rural homes.

In addition, retired presidents get two new cars every three years, two personal assistants, four secretaries, four messengers, four drivers and bodyguards.

Justice Lenaola withdrew all the benefits and agreed with the Kenya National Commission on Human Rights, which argued that Mr Kibaki irregularly signed the law on the presidential retirement in 2013.

Justice Lenaola upheld arguments that failing to consult the salaries team meant that parliament and the former president inappropriately used their offices to determine their own salaries and benefits in total contravention of the constitution.

The commission had submitted that during the reading and passage of the laws, parliament did not involve Salaries and Remuneration Commission as required by the constitution.