Rarieda Member of Parliament Otiende Amollo has fiercely dismissed a legislative motion proposed by Nandi Senator Samson Cherargei that seeks to strip retired presidents of their state-funded retirement benefits, characterizing the move as a fundamentally flawed political witch-hunt.
In his rigorous critique of the motion, Amollo, a seasoned constitutional lawyer, emphasized that presidential retirement benefits are anchored securely in statutory law, not bestowed as temporary political favours. The Presidential Retirement Benefits Act of 2003, subsequently amended in 2013, establishes a clear framework guaranteeing former presidents a dignified, state-sponsored retirement package upon leaving office.
The legislation explicitly outlines the entitlements designed to protect the stature of the office. These include a monthly pension equivalent to 80 percent of the sitting president's salary, comprehensive local and international medical cover, fully furnished offices, and a robust security detail. Amollo warned his parliamentary colleagues that attempting to revoke these privileges through a reactionary Senate motion sets a dangerous precedent of legislative vindictiveness.
Senator Cherargei's controversial motion is a precisely targeted assault on former President Uhuru Kenyatta. Since formally handing over executive power, Kenyatta has maintained a highly visible presence in regional diplomacy and domestic political affairs, a posture that has continuously frustrated powerful factions within the current ruling coalition.
Cherargei, who serves as a vocal ally of the current administration, has publicly argued that former national leaders who choose to remain active in partisan politics effectively forfeit their fundamental right to state-funded neutrality. However, Amollo vehemently countered this specific narrative, asserting that a citizen's fundamental constitutional right to political association and free speech does not simply evaporate upon leaving high executive office.
The Rarieda legislator eloquently noted that former heads of state across the global democratic landscape routinely engage in domestic political discourse without facing the immediate threat of financial retribution from sitting governments. He cited international examples to underscore the maturity required of incumbent administrations.
Cherargei's Proposal
Samson Cherargei tabled a motion in the Senate seeking to withdraw or reduce the retirement benefits granted to former President Uhuru Kenyatta, citing alleged continued involvement in partisan political activities that he argues violate the law governing retired Heads of State.
According to Cherargei, former Heads of State, under the Presidential Retirement Benefits Act, are entitled to pensions and other post-office benefits to preserve the dignity of the presidency and to ensure they remain politically neutral while serving in advisory roles to the country.
“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 hold office, with the intention of safeguarding the dignity of the office and ensuring that retired Presidents remain non-partisan and available for national advisory roles,” reads the motion tabled May 4, 2026.
He emphasised that the law allows Parliament, through a resolution supported by at least two-thirds of its members, to deny or reduce these benefits if a retired President is found to engage in conduct that violates the provisions of the Act.
He also cited provisions of the law that restrict retired Presidents from active participation in party politics beyond the stipulated period, insisting that they are expected to maintain a neutral and advisory position.
“Section 6 of the Act restricts a retired President from active engagement in political party activities beyond the prescribed period and envisages a neutral, consultative, and advisory role for the benefit of the nation,” reads the motion.
The Senator raised concerns that Uhuru has, since leaving office, allegedly taken part in political engagements that include attending and addressing rallies linked to political formations, issuing public remarks interpreted as supporting or opposing political leaders and parties, and participating in mobilisation and consultative political activities in different parts of the country.
According to Cherargei, such actions, if confirmed, amount to active political participation, which he says contradicts the intent of the law and undermines the justification for continued taxpayer-funded retirement benefits.
He also emphasises that retirement benefits for former Presidents are financed using public funds and are intended to promote national unity, respect for institutions, and non-partisanship. Any departure from these principles, he argues, raises concerns over accountability and the proper use of public resources.
“Retirement benefits accorded to former Presidents are funded from public resources and are intended to uphold national unity, institutional respect, and non-partisanship, and any deviation from these principles raises serious concerns on accountability and prudent use of public funds,” he said.
The Senator called for strict enforcement of the law and accountability in the use of public resources. He added that Parliament must also exercise its oversight mandate where concerns arise.
In his proposal, Cherargei wants the Senate to resolve that the retirement benefits and allowances of former President Uhuru Kenyatta be withdrawn or reduced in line with section 4 of the Act.
He also proposes that the Office of the Auditor General, working with relevant state agencies, conduct a full audit of all public funds allocated under the Act to the former President and submit a report to the Senate within 60 days.
Additionally, the motion calls for Parliament to consider revoking, adjusting, or reallocating budgetary provisions tied to the former President’s benefits, depending on the outcome of the audit and subject to legal approval.
Cherargei further proposes that any funds recovered from the review of the benefits be redirected towards public welfare programmes serving Kenyans.
Despite the ongoing political grandstanding, strict parliamentary procedure dictates a rigorous and lengthy path for Cherargei's controversial proposal. The initial motion must pass through intense committee scrutiny, undergo mandatory nationwide public participation, and survive full floor debates before it can ever be drafted into an actual amendment bill.
