Opposition to Kibaki send-off package gains momentum

By Luke Anami

The Constitution Implementation Commission (CIC) and the Salaries and Remuneration Commission (SRC) have opposed President Kibaki’s move to assent to a Bill to pay himself a hefty retirement package.

While CIC says it will seek a judicial intervention to have the Presidential Retirement Benefit Act 2012 declared unconstitutional, SRC has declared the move unprocedural and promised to issue a comprehensive statement against the same.

President Kibaki assented to the Bill despite CIC having written to him cautioning him against signing it into law. CIC has written to the Attorney General informing him of an intention to seek judicial intervention on the matter.

“On January 10, CIC wrote to the President on the fundamentally unconstitutional character of the Presidential Retirement Benefits (Amendment) Bill 2012, urging the President not to assent to it,” Charles Nyachae, CIC chairman said in a statement.  “CIC has confirmed that our letter notwithstanding, the President did assent to the Presidential Retirement Benefits (Amendment) Bill 2012. By assenting to the Bill, the President is thus complicit to the violation of the Constitution as outlined in our earlier letter to him.”

Lumpsum pay

The Presidential Retirement Benefits (Amendment) Bill 2012 proposes that the President be paid a lumpsum take-home of Sh12.6 million for every term served. The President would also be paid pension at the rate of 80 per cent of his final salary of Sh700, 000 meaning he would earn Sh560, 000 a month. In addition he would be paid 40 per cent of the current salary as entertainment allowance, some Sh280, 000.

But Nyachae explained it is the exclusive function of the Salaries and Remuneration Commission established under Article 230(1) of the Constitution, to set and regularly review the remuneration and benefits of all state officers, and to advise the National and County Governments on the remuneration and benefits of all other public officers.