NAIROBI, Kenya, May 5 – A Nairobi-based advocate has moved to court seeking urgent intervention to stop a parliamentary process that could review and potentially alter the retirement benefits of former President Uhuru Kenyatta.
In a certificate of urgency, lawyer Shadrack Wambui, practicing under Sheria Mtaani, argues that the move—linked to a motion associated with Kiprotich Cherargei—is unconstitutional and threatens vested rights protected under the Constitution.
The petition names Senate of Kenya, National Assembly, and the Office of the Attorney General Kenya as respondents.
According to court documents, the motion seeks to review, audit, and potentially vary the benefits due to the retired Head of State under the Presidential Retirement Benefits Act. Wambui contends that such a process could lead to the unlawful deprivation of constitutionally protected entitlements.
“The enforcement of the impugned provisions risks violating fundamental rights, including the right to property, fair administrative action, and a fair hearing,” the petition states.
The lawyer further argues that Parliament lacks the authority to unilaterally vary or withdraw accrued presidential benefits, warning that allowing the process to proceed could set a dangerous constitutional precedent.
He also challenges the legality of the law itself, claiming it improperly grants quasi-judicial powers to a legislative body without adequate safeguards.
Wambui is seeking immediate court orders to halt any parliamentary deliberations on the matter, preserve the status quo, and prevent what he terms an unconstitutional process from taking effect.
The case is expected to ignite fresh debate over the limits of parliamentary authority and the protection of benefits accorded to former presidents under Kenyan law.