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Cherargei tables motion to strip Uhuru’s benefits as Lawyer Omari explains the law limits and rules

Cherargei's motion, now before the House, calls on Parliament to review benefits provided under the Presidential Retirement Benefits Act, arguing that they are conditional on political neutrality

Vivian Navate by Vivian Navate
May 4, 2026
in News
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Cherargei tables motion to strip Uhuru’s benefits as Lawyer Omari explains the law limits and rules

Cherargei’s motion sparks legal and political debate as Lawyer Omari breaks down the law on Uhuru’s retirement benefits

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A motion seeking to withdraw or significantly reduce retirement benefits enjoyed by former President Uhuru Kenyatta has been tabled in the Senate by Nandi Senator Samson Cherargei, citing alleged continued involvement in active politics.

The motion, now before the House, calls on Parliament to review benefits provided under the Presidential Retirement Benefits Act, arguing that they are conditional on political neutrality. “Parliament resolves that the retirement benefits and allowances accruing to the retired President be withdrawn and or reduced,” the motion states. Cherargei claims Kenyatta’s actions, including public endorsements, consultations, and participation in political forums, amount to active political engagement in violation of the law.

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The senator is also pushing for an audit by the Office of the Auditor General into all public resources allocated to Kenyatta since he left office in 2022. If approved, the audit would be completed within 60 days and a report submitted to Parliament to guide further action. The proposal further suggests that any recovered funds be redirected toward public welfare.

At the center of his motion is the question of what the law says. Lawyer Danstan Omari, in an explainer, breaks down the legal framework governing retired presidents. He states, “A retired president shall during his lifetime be entitled to a monthly pension equal to 80 percent of the monthly salary currently paid to the president.”

He further explains the legal threshold required to remove those benefits, saying, “The national assembly may on a motion supported by not less than two thirds of the members resolve that a retired president shall not be entitled to the whole or any part of the benefits conferred by this Act.”

On the question of alleged political involvement, Omari adds, “The records do not show that President Uhuru Kenyatta has an office in Jubilee beyond the constitutional limit.”

The push has come amid criticism from leaders allied to President William Ruto, who accuse Kenyatta of undermining the government while still enjoying state funded privileges. Senate Majority Leader Aaron Cheruiyot has also defended the move, saying conduct after retirement determines public respect.

The debate intensified after Kenyatta’s remarks at a Jubilee Party meeting in Narok, where he endorsed Fred Matiang’i for the presidency. However, any attempt to withdraw or reduce his benefits would still require a two thirds majority in Parliament, a high threshold that remains uncertain.

 

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Vivian Navate

Vivian Navate

Vivian Navate is a passionate writer and court reporter based in Nairobi. A creative thinker and storyteller, she is deeply committed to justice, transparency, and delivering clear, insightful coverage of Kenya’s legal landscape.

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