Senator Cherargei Warns Uhuru Kenyatta Over Political Activity, Threatens Loss of Retirement Benefits

Nandi Senator Samson Cherargei, a close ally of President William Ruto, has publicly called on former President Uhuru Kenyatta to withdraw from political activities and cease criticism of the current government, warning that continued involvement could result in the loss of his retirement benefits and security detail.

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The remarks, delivered during a public address on Monday, mark an escalation in tensions between the Ruto administration and Kenya’s fourth president, who has remained politically active since leaving office in 2022.

Senator Cherargei specifically invoked the Presidential Retirement Benefits Act, suggesting that Kenyatta’s ongoing political engagement could constitute a violation of the legislation. “Former President Kenyatta should retire peacefully and stop interfering in government affairs,” Cherargei stated. “Continued political activity may force us to review his entitlements under the law.”

The warning comes amid Kenyatta’s visible support for opposition political figures, most notably veteran politician Raila Odinga. The former president has also been critical of certain policies implemented by the Ruto administration, breaking with the traditional expectation that former presidents maintain distance from active politics.

Kenyatta and Ruto, who served together as president and deputy president from 2013 to 2022, experienced a dramatic political falling out during their second term. Kenyatta notably declined to support Ruto’s 2022 presidential bid, instead backing Odinga.

Constitutional law experts have challenged Senator Cherargei’s interpretation of the Presidential Retirement Benefits Act. Legal analysts note that the 2003 legislation primarily restricts former presidents from holding formal positions within political parties, rather than prohibiting general political expression or criticism of the government.

“The Act prevents former presidents from becoming party officials or running for office again, but it does not strip them of their constitutional rights to free speech and political association,” said one Nairobi-based constitutional lawyer. “Senator Cherargei’s threats appear to conflate retirement benefits with constitutional rights.”

Article 33 of the Kenyan Constitution guarantees freedom of expression to all citizens, including former presidents. Critics argue that threatening to revoke benefits based on political speech would constitute an unconstitutional infringement of these rights.

The Presidential Retirement Benefits Act does stipulate that benefits can be withdrawn if a former president is convicted of a serious crime or conducts themselves in a manner deemed inconsistent with their status. However, legal experts emphasize that political activity and criticism do not meet this threshold.

Opposition leaders have rallied to Kenyatta’s defense, describing the senator’s statement as an attempt to intimidate and silence legitimate political discourse. The controversy raises questions about democratic space in Kenya, particularly regarding the rights of former leaders to participate in national political conversations.

As the debate continues, legal observers will be watching to see whether any formal action is taken against Kenyatta’s benefits, a move that would likely face immediate constitutional challenge and could further polarize Kenya’s political landscape.

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