High Court bars parliament from reducing former president’s retirement benefits

Jukwaa

📻 Breaking It Down

In a far-reaching judgment delivered on Monday, Justice Bahati Mwamuye declared Sections 4(1), 4(2), 4(3) and the entirety of Section 6 of the Presidential Retirement Benefits Act unconstitutional, null and void.

The judge held that the Constitution provides stronger protection for a former president’s retirement benefits than Parliament had purported to create through legislation.

The case was filed by civic advocacy group Sheria Mtaani and activist Shadrack Wambui against the Senate, National Assembly and Attorney-General. Senator Kiprotich Cherarkey and the Jubilee Party were enjoined as interested parties.

📌 What You Need to Know

The petition followed a parliamentary motion dated May 4, 2026, initiated by Senator Cherarkey, seeking to review and vary the retirement benefits of a former president on account of his continued leadership role in the Jubilee Party.

The contention was whether Parliament could use legislation to impose conditions on benefits that the Constitution itself protects.

Justice Mwamuye found that Article 151(3) of the Constitution provides an independent safeguard against varying, to a former president’s disadvantage, retirement benefits payable during their lifetime.

The judge rejected the argument that Parliament could rely on Section 4 of the Presidential Retirement Benefits Act to withhold or reduce such benefits.

The law had provided for benefits to be withheld or reduced following a two-thirds vote of the National Assembly in circumstances including gross misconduct, violation of the Constitution, criminal conviction or holding a political party office.

The court found that ordinary legislation cannot override an express constitutional protection or give Parliament powers that are not permitted by the Constitution.

📰 Source: Capital FM Kenya

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