Defining ‘elective politics’ the crux to leaders’ pensions

What you need to know:

  • Based on Mr Odinga’s last salary of Sh1.2 million, this would amount to Sh960,000 while Mr Musyoka and Mr Marende would get  Sh880,000 per month each.
  • Majority Leader Aden Duale had submitted amendments that would have defined “elective politics” as “the holding of a position in a political party”.
  • Speaking in reference to the political activities they continue to engage in after losing their bid to run the country as President and Deputy President, he added: “Our right to take part in the democratic processes is as constitutional as it is inalienable and we will not settle for anything less.”

Kenyans may pay former Prime Minister Raila Odinga, former Vice President Kalonzo Musyoka and former Speaker Kenneth Marende a combined Sh60 million in retirement benefits.

This will arise from payment of the lump sum each of them is entitled to under a Bill sponsored by Suba MP John Mbadi. President Kenyatta would have to sign it into law.
Each would get a lump sum payment equal to one and a half year’s salary.

In addition to this is a lifetime monthly pension of 80 per cent of their last salary for each of them.

Based on Mr Odinga’s last salary of Sh1.2 million, this would amount to Sh960,000 while Mr Musyoka and Mr Marende would get  Sh880,000 per month each.

MPs, however, failed to reach a consensus on a clause that could make the law difficult to implement or raise the possibility of it being rejected by the President until it is made clear.

It states that the beneficiaries would be entitled to these and other perks if they are retired and “do not engage in elective politics”.  Mr Musyoka appeared to speak for his Cord co-principal when he told the Sunday Nation that: “We cannot be silenced because of the package. This is not a favour the government is doing to us.” 

Speaking in reference to the political activities they continue to engage in after losing their bid to run the country as President and Deputy President, he added: “Our right to take part in the democratic processes is as constitutional as it is inalienable and we will not settle for anything less.”

HOLDING OFFICE

Majority Leader Aden Duale had submitted amendments that would have defined “elective politics” as “the holding of a position in a political party”.

Under Mr Duale’s proposed definition, elective politics would also have been participation in any activity that agitates for elections or campaigning.

But MPs in the House last Thursday rejected the amendment, which would have meant that Mr Odinga and Mr Musyoka leave their positions in ODM and Wiper respectively.
As it stands, the ambiguity remains.

“For me, that clause is superfluous. It doesn’t make sense. In the absence of defining what elective politics is, it means nothing,” said Mr Mbadi, who was in a celebratory mood after the Bill he drafted in 2013 was passed.

He said had the amendment by Mr Duale been passed, as contentious as it would have been, the clause would have made some sense.
“It is illegal and unfair to limit rights without giving the reasons why. The right to seek election is guaranteed in the law,” said Mr Mbadi.

In addition to the lump sum and the monthly pension, the retired leaders would get a saloon and a four-wheel drive vehicle replaceable every four years, fuel allowance and full medical cover providing for overseas treatment for each and his spouse.

They would also get armed bodyguards on request – Mr Odinga and Mr Musyoka already have these – diplomatic passports and access to VIP lounges at all airports within Kenya.
Upon their death, surviving spouses would get half their pension. They – the beneficiaries – would also be accorded a State funeral.

A lot could still happen with the Bill. The President could send it back and specify what ought to be changed, and perhaps provide more clarity on “elective politics”, or reject it.