Former President Uhuru Kenyatta clocks six months out of office tomorrow, with his close allies saying he will defy a legal provision that requires a retired Head of State to exit active politics, even as President William Ruto’s troops dropped their earlier bid to go for his pension if he does not relinquish his party and coalition posts.
For Dr Ruto, as he remoulds Kenya, throwing out key appointments of his predecessor, he is faced with problems of skyrocketing cost of basic commodities and a Raila Odinga-led mass action plan.
His close allies say he will defy a legal provision that requires a retired President to exit active politics as Ruto’s camp softens their earlier hardline stance State clocks six months out of power
According to Section 6 (1) of the Presidential Retirement Benefits Act, 2003, a retired president “shall not hold office in any political party for more than six months after ceasing to hold office”.
Mr Kenyatta is currently the Jubilee Party leader, as well as the Raila Odinga-led Azimio la Umoja One Kenya Coalition Council chairman, which puts him at the top decision-making organ of the opposition outfit.
This, as legal experts yesterday said the provision on retired presidents in Kenya was ‘restrictive’ and could require amendment as other jurisdictions outside Kenya like the United States and the United Kingdom often have retired Heads of State active in the party activities, and are often headlining campaigns for party candidates.
National Assembly Majority Leader Kimani Ichung’wah yesterday told the Sunday Nation that the Kenya Kwanza will not engage in what he described as ‘political pettiness’ by denying the former Head of State his retirement benefits for failing to resign as Jubilee Party leader as well as chairman of Azimio council.
“Kenya Kwanza administration will not engage in the political pettiness of the last regime. We shall respect our former President and focus on the economy. Getting the economy back on its feet to work for the majority of Kenyans is our primary focus,” said Mr Ichung’wah.
Nyaribari Chache MP Zaheer Jhanda, another ally of President Ruto, says they are okay with Mr Kenyatta joining hands with Mr Odinga in oversighting the Kenya Kwanza administration.
“No, we have no business with him. He served his term, and messed up along the way for trusting jokers in his government who misled him and handed him a resounding exit humiliation. We are actually asking him to partner with his handshake brother and oversee President Ruto’s administration. His benefits are well stipulated in the Constitution and we will not interfere whatsoever,” said Mr Jhanda.
But for Mr Kenyatta’s closest allies, him staying on in active politics is not out of favour by the Ruto administration.
Mr Jeremiah Kioni and Mr David Murathe—embattled Jubilee secretary-general and vice chairman, respectively—have stuck with Mr Kenyatta as nearly all elected leaders joined Dr Ruto.
In separate interviews, they told Sunday Nation that the ex-president still had a lot of fire in his belly, and could not exit politics now.
“He will not exit as our party leader. He is retired but not tired and secondly, the party belongs to the members and not to the officials. The rebels have to know that the public cannot be fooled,” said Mr Kioni.
Mr Murathe, on his part, said: “I do not know if he will resign as our party leader but I do not think so.”
Mr Kenyatta last month also said he will not be blackmailed to quit politics while saying that Mr Odinga remains his party leader because the former Prime Minister had the country’s best interests at heart.
“I am retired, but I am not tired. I might be out of the office… but I am fully behind Raila. If he tells me we go this way, we will. I supported him in 2022, and I will back him because he is an honest man out to unite Kenya. I am not looking for any seat, but it is my right to back Raila,” Mr Kenyatta said in Luanda, Vihiga County.
Former Kajiado senator Peter Mositet, who is also deputy leader of Jubilee Party and who sides with Dr Ruto, yesterday insisted that since Mr Kenyatta has never been seen in Azimio rallies, it means that he is focused on other issues, more so his peace initiatives in Democratic Republic of Congo (DRC) among other areas.
President William Ruto addressed Kenyans after he took the oath of office at Kasarani international Stadium on September 13, 2022.
Sign of respect
“I am not aware if the former President is going to resign because he has not called us. He has been very busy with his new assignment in DRC but not so engaged in the party affairs. From where I sit, he is one of those people advantaged by having a lot hence he does not feel that he needs the retirement benefits so much but I would ask Kenya Kwanza, as a sign of respect, to let him enjoy his pension because he has not been seen in Azimio issues. As a party, we will continue to accord him respect as our party leader until the day he decides to hand over to any of us,” said Mr Mositet.
Another senior Jubilee Party official told the Sunday Nation that the Kenya Kwanza team has retreated from their initial threat to interfere with Mr Kenyatta’s pension package after realising that the former Head of State is not desperate.
Yesterday, Registrar of Political Parties Anne Nderitu told the Sunday Nation that her office has not received any communication from the former Head of State in regard to his roles in both Jubilee and Azimio even as Mr Kenyatta’s spokesperson Kanze Dena refused to comment on the matter.
“We have not received any communication, maybe you can ask the party,” Ms Nderitu told the Sunday Nation in a terse message.
But Dr Erick Komolo, a lawyer and political analyst, says the law, as is, needs to be changed.
“All indications are that Uhuru will remain active in local politics and that’s a right nobody or institution can take away from him. The law compelling him to resign is a bad law that was initially targeted to force Raila out of elective politics in 2014 but it backfired,” said Dr Komolo.
He added: “The world over, former presidents and prime ministers tend to remain active in the party and national politics. There’s no reason why Kenya should adopt restrictive laws. Boris Johnson and Theresa May are still MPs in the UK and will actually defend their seats in 2024. Barack Obama and Bill Clinton are always actively supporting and campaigning for the Democratic Party.”
Both Dr Komolo and Prof Masibo Lumala of Moi University opine that the exit of Mr Kenyatta from active politics would be beneficial to President Ruto in terms of controlling the Mount Kenya region as well as raiding the Azimio team, particularly the Jubilee Party which is now under two factions, but the former Head of State’s remaining in politics will deal Kenya Kwanza a blow.
“In the case of Uhuru, it is fairly difficult to expect him to be off active politics when his businesses are being affected by the current political situation… Although Uhuru has served as President for 10 years, he is now an ordinary citizen and the Constitution provides that he has the right of association and participate in any political activity,” Prof Lumala explained.
The Presidential Retirement Benefits Act provides that the National Assembly may initiate a motion to block a retired president from accessing his final dues on grounds of active involvement in politics.
For such a motion to sail through, the 349-member House has to marshal votes of not less than two-thirds of the members.
Outgoing Solicitor-General Kennedy Ogeto cited section 4 of the Act that provides for circumstances under which the benefits due to a retired Head of State may be denied.
Apart from active involvement in politics, a retired president may also be denied the whole or part of the benefits if he ‘ceased to hold office on account of having acted in wilful violation of the Constitution, or was guilty of gross misconduct; or has, since ceasing to hold office, been convicted of an offence and sentenced to imprisonment for a term of three years or more, without the option of a fine’.
“Thus, if a retired president holds office in any political party for more than six months after retirement, the National Assembly may pass a resolution that he is not entitled to the whole or any part of the retirement benefits. The motion requires the support of at least two-thirds of the members of the National Assembly.”
Dr Ruto assured the Jubilee Party officials who he met on February 16 at State House that no one will touch his predecessor’s benefits.
“He told us that in the next two months, he would release funds for Uhuru’s retirement kitty. He promised that no one will interfere with those benefits and he wants Uhuru to accept that he is now the President of the Republic of Kenya,” said one of the leaders who was in attendance. BY DAILY NATION