Here are the millions Uhuru Kenyatta risks losing after refusing to retire from active politics

In a fiery tone during a Jubilee party National Delegates Conference (NDC)  at the Ngong Racecourse, the ex-president said that he was ready to retire from active politics after handing over to President William Ruto until some unnamed people started intimidating him. 

“I wanted to shelve politics and go deal with other things. But there are others who have decided that their work is to force and intimidate. Today, I want to tell you that, you can't do that to Uhuru Kenyatta. Let them look for someone else,” he told the delegates.

This, however, is contrary to the guidelines enshrined in Section 6 of the Presidential Retirement Benefits Act of 2013 which dictates that a retired president shall not hold office in any political party for more than six months after ceasing to hold office as President.

Contrary to the aforementioned guideline, Mr Kenyatta has still played an active role as the head of the Jubilee party now eight months after leaving office in September 2022.

This may therefore deny the former premier the right to benefit from the retirement package he is entitled to since he has breached the guidelines in the act. 

Section 4b (ii) of the act adds that a retired President may not be entitled to the whole or any part of the benefits on the grounds that he/she held office in, or actively engaged in the activities of any political party.

Kenyatta now risks losing about Ksh.34.56 million as part of his retirement send-off package which is the sum equal to one year’s salary for each term he served as President. He was at the helm of the nation for 10 years.

In the package, President Kenyatta is entitled to be receiving a total of Ksh.1.15 million in monthly pension.

This started once he handed over the instruments of power to President William Ruto on September 13.

Alongside the aforesaid packages, President Kenyatta is entitled to Ksh.216,563 fuel allowance. He was issued with two four-wheel drive motor vehicles of his choice, replaceable every three years.

Each vehicle should have an engine capacity of at least 3000cc and not exceeding 4000cc.

He is also entitled to receiving Ksh.332,062 as his monthly house allowance and a monthly entertainment allowance of Ksh.216,562.

An additional Ksh.332,062 was also issued to him to cater for his monthly electricity, telephone and water bills.

In his residence, the former president was accorded two personal assistants, four secretaries, four messengers, four drivers, and adequate security at his urban and rural residences as may from time to time be certified by the Minister for National Security.

He was also given cooks, housekeepers, gardeners, laundry persons and house cleaners.

Meanwhile, a number of motions have been taken to court seeking to scrap the law barring retired presidents from engaging in politics after stepping down from office.

Activists Peter Agoro, Paul Kiguathii, Damon Osawa filed a petition before the Milimani Constitutional Division on May 4, 2023, wanting the court to declare that section 6 of the Presidential Retirement Benefits Act as inconsistent with the constitution.

They argue, as quoted by The Star, that the law is discriminatory and denies an individual's right to make political choices.

Another motion filed by Gatundu South MP Gabriel Kagombe seeks to have the pensions granted to UUhuru scrapped, arguing that he breached the law by still engaging in politics after leaving office.

He demanded that Uhuru should refund all the monies he has received since leaving office.

He also wants Raila Odinga and Kalonzo Musyoka to likewise refund the money they have received since they left their positions as Prime Minister and Deputy President respectively.

"The Presidential Retirement Benefits Act, 2003, Retirement Benefits (Deputy President and Designated Officers) Act, 2015 provide for the granting of pension and other retirement benefits to holders of the office of President, and the offices of the Deputy President, Prime Minister, Vice-President, Speaker, Chief Justice or Deputy Chief Justice when they cease to hold office," he said as quoted by the Standard.