Politics and policy
Former president Mwai Kibaki at a past function. KNCHR wants the
Presidential Retirement Benefits Bill 2012 declared null and void. PHOTO
| FILE
By PAUL OGEMBA, pogemba@ke.nationmedia.com
In Summary
- KNCHR reckons that Mr Kibaki irregularly assented to the Presidential Retirement Benefits (Amendment) Bill 2012 because the law did not have the input of the Salaries and Remuneration Commission (SRC).
- The law gave Mr Kibaki a lump sum of Sh25.2 million, a monthly pension of Sh560,000, entertainment allowance (Sh280,000), fuel allowance (Sh195,000) and house allowance of Sh299,000.
- The Treasury estimates indicate that the benefits will cost taxpayers Sh82.86 million in the current financial year.
Kenya National Commission on Human Rights (KNCHR) on
Wednesday asked the High Court to declare the law that offered former
President Mwai Kibaki a generous retirement package null and void.
The State-funded commission reckons that Mr Kibaki
irregularly assented to the Presidential Retirement Benefits (Amendment)
Bill 2012 because the law did not have the input of the Salaries and
Remuneration Commission (SRC).
The law gave Mr Kibaki a lump sum of Sh25.2
million, a monthly pension of Sh560,000, entertainment allowance
(Sh280,000), fuel allowance (Sh195,000) and house allowance of
Sh299,000.
The Treasury estimates indicate that the benefits
will cost taxpayers Sh82.86 million in the current financial year ending
June while predecessor Daniel arap Moi will be taking home Sh66.85
million.
“We don’t understand why he allowed the law to
benefit himself when matters of salary, allowances and retirement
benefits to all State officers are the sole province of the Salaries and
Remuneration Commission (SRC),” said lawyer Demas Kiprono.
He argued that during the reading and passage of
the laws, Parliament did not involve SRC as required by the Constitution
and that Mr Kibaki should have refused to sign it to promote good
governance and constitutionalism.
Mr Kiprono says Mr Kibaki and Parliament went
against the spirit of the constitution which intended to stop MPs and
other State officers from arbitrarily increasing their salaries without
minding the economy.
The law also entitled the former President to a
suitable office space not exceeding 1,000 square metres, with
appropriate furniture, furnishings, office machines, equipment and
office supplies all supplied and maintained by taxpayers.
In addition, retired presidents get two new cars
replaceable every three years, two personal assistants, four
secretaries, four messengers, four drivers and bodyguards.
Mr Moi opted to use his Kabarnet Gardens home near
Kibera Estate in Nairobi as his official office while Mr Kibaki has an
office block at Nyari Estate in Nairobi that was bought in 2013 by
taxpayers at Sh250 million.
KNCHR argued that by allowing Parliament to pass
the law and assenting to it, Mr Kibaki showed clear conflict of
interest, which amounted to violation of principles guiding operations
of State officers.
“Failing to consult SRC meant that Parliament and
the former President inappropriately used their offices to determine
their own salaries and benefits in total contravention of the
Constitution,” said Mr Kiprono.
The Attorney General, however opposed the petition,
arguing that any law passed by Parliament is assumed to be
constitutional and that Mr Kibaki did nothing wrong in signing it to
law.
“The commission should have petitioned Parliament
to introduce amendment to the Bill if they felt it was unconstitutional
instead of approaching the court,” said State counsel Moimbo Momanyi.
He wants the court to dismiss the suit on grounds that declaring the law null and void would be interfering with legislative duties of Parliament.
He wants the court to dismiss the suit on grounds that declaring the law null and void would be interfering with legislative duties of Parliament.
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