Petition Seeks to Halt Senate Move on Uhuru Kenyatta’s Retirement Benefits

A constitutional petition has been filed at the Milimani Law Courts seeking to stop Parliament from reviewing the retirement benefits of former President Uhuru Kenyatta, setting the stage for a fresh legal showdown over the limits of legislative power.

The case has been lodged by lobby group Sheria Mtaani together with lawyer Shadrack Wambui, who are asking the High Court to issue conservatory orders barring any parliamentary process aimed at altering the benefits.

The petition arises from a Senate motion dated May 4, 2026, reportedly sponsored by Nandi Senator Samson Cherargei, which seeks to audit and potentially vary the retirement package of the former Head of State.

In their application, the petitioners want Sections 4 and 6 of the Presidential Retirement Benefits Act suspended, arguing that the provisions unlawfully grant Parliament powers reserved for the Judiciary.

Court documents indicate that the contested sections allow lawmakers to investigate alleged misconduct by a retired President and impose sanctions, including the withdrawal of benefits—an arrangement the petitioners say undermines the principle of separation of powers.

Wambui contends that subjecting a former President’s benefits to a parliamentary process exposes constitutionally protected rights to political influence and abuse.

The petition is anchored on Article 151(3) of the Constitution, which provides that a former President’s retirement benefits cannot be altered to their disadvantage during their lifetime.

“The Constitution is explicit—any attempt to vary those benefits through a political process is unlawful,” the petitioner argues in the filings.

The applicants are now seeking urgent court intervention to stop any debate, tabling, or adoption of the Senate motion until the matter is heard and determined.

They warn that allowing Parliament to proceed could set a precedent where constitutional guarantees are subjected to shifting political interests.

The High Court is now set to determine whether lawmakers have the authority to revisit the retirement benefits of Uhuru Kenyatta, or whether such efforts violate entrenched constitutional protections.

BY EMMANUEL