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| Deputy President Rigathi Gachagua |
Members of Parliament (MPs) have impeached Deputy President Rigathi Gachagua over grounds of gross misconduct. Deputy President Rigathi Gachagua speaking at a past event. On Tuesday, October 8, 281 MPs voted to approve all 11 charges levelled against Gachagua, including gross violation of the constitution. Gachagua’s fate now lies in the hands of senators, who will vote on each of the 11 grounds in his impeachment motion. Tomorrow Should the Senate uphold the National Assembly’s decision, Gachagua could seek redress in court. What Gachagua will lose if he’s removed as DP? However, the DP risks losing his salary and other perks, including retirement benefits, should the impeachment sail through the Senate and court.
According to the Salaries and Remuneration Commission (SRC) Gazette, the deputy president is entitled to a monthly gross salary of KSh 1.22 million plus other benefits. If he is removed from office, Gachagua will lose the monthly salary and the following perks: 1. Official Transport The DP is provided with official transport in line with prevailing government transport policy. This benefit will be removed if the impeachment sails through and he is relieved of his duties. 2. Medical Benefit Another perk that Gachagua will lose is the annual medical cover provided to him, his spouse, and up to four children under the age of twenty-five. The perk includes Inpatient (KSh 10 million), Outpatient (KSh 300,000), Maternity (KSh 150,000), Dental (KSh 75,000) and Optical (KSh 75,000). 3. Retirement Benefit SRC states that a State officer, serving or appointed for a fixed term of office, shall be paid a service gratuity at 31% of the annual pensionable emoluments for the term served.
The commission adds that where a pension scheme is established for state officers appointed for a fixed term of office, SRC shall review and set the rate of employer contribution to the scheme and any other financial retirement benefits. Speaking exclusively to TUKO.co.ke, Gertrude Kibare, an Advocate of the High Court of Kenya and the Managing Partner at Johnson & Partners Advocates LLP, explained the grounds under which the DP risks losing his retirement package. Kibare shared the Constitutional grounds under which the deputy president may be removed from office as follows: Physical or mental incapacity to perform the functions of the office or; Impeachment- Gross violation of the Constitution Where there are serious reasons to believe that the deputy president has committed a crime under national or international law or; Gross misconduct.
The advocate cited Article 151(3) that provides for the retirement benefits payable to a former President and a former Deputy President and shall not be varied to their disadvantage during their lifetime. “From the above, an impeached deputy president passes as a former deputy president. This means that they are entitled to all the lawfully provided retirement benefits despite their impeachment. Furthermore, The Retirement Benefits(Deputy President and Designated State Officers)Act Cap.197B(2023) in section 2 defines a ‘’retired deputy president’’ to mean: A person who, having held the office of the Deputy-President, has ceased to hold office as such in the manner specified in the Constitution.
“As indicated above, the Constitution provides impeachment as a way for a deputy president to cease holding office and ensure that their retirement benefits are not altered or interfered with. The Act, in section 7, provides the benefits of a retired deputy president that an impeached deputy president also enjoys under the definition provided above,” Kibare explained However, according to the Retirement Benefits Act 2015, Despite the provisions of section 3, the National Assembly may, on a motion supported by the votes of not less than half of the members thereof, resolve that an entitled person, surviving spouse or children, as the case may be, shall not receive any benefits conferred by this Act, on the grounds that such person—(a) ceased to hold office on account of having acted in willful violation of the Constitution; (b) was guilty of gross misconduct.
by Wycliffe Musalia