Raila and Kalonzo to get full benefits if Senate passes bill

The State will no longer arbitrarily withdraw bodyguards of opposition leaders Raila Odinga and Kalonzo Musyoka, if new recommendations by a senator are passed by Parliament.

The Retirement Benefits (Deputy President and Designated State Officers) (Amendment) Bill, 2018, by Narok Senator Ledama ole Kina makes it difficult for the Inspector-General of Police to unilaterally withdraw the security detail of the two leaders and other top State officers.

COMMITTEE

“Where there is a need to reduce or alter the security arrangements of an entitled person, the Inspector-General of Police shall refer the matter to the joint committee on entitlements for approval,” reads an amendment.

During demonstrations by the National Super Alliance leaders against the outcome of last year’s two presidential elections, Inspector-General of Police Joseph Boinnet withdrew bodyguards assigned to Mr Odinga, Mr Musyoka, Mr Moses Wetang’ula and Mr Musalia Mudavadi.

ILLEGALITY

Mr Boinnet argued that the officers would be abetting an illegality by providing security to Nasa leaders during the demos.

Senator Kina proposes that the State officers in question be assigned armed security guards of their choice “not less than six, and not exceeding 10”.

President Uhuru Kenyatta initially declined to assent to the principal bill in May 2015, saying Mr Odinga and Mr Musyoka ought to retire from active politics before enjoying their pension.

ALTERATION

Although the 2015 principal Act does not expressly bar retired designated State officers from receiving their benefits for engaging in politics, Section 4 says Parliament may do so on a motion supported by at least half of the members of the National Assembly.

“The amendment seeks to ensure the executive does not use alteration or modification of entitlements due to an entitled person as a tool to intimidate or maltreat the entitled person,” said Senator Kina.

However, his proposed amendments do not touch on the issue of the State officers retiring before getting their retirement packages as is framed in law.

SECRETARIES

Mr Odinga is entitled to a lumpsum of Sh21.6 million and a monthly package of Sh960,000. He is also entitled to three drivers, one personal assistant, one accountant, two secretaries, two housekeepers, two senior support staff, two gardeners, two cooks and two cleaners.

Furthermore, he is entitled to access VIP lounge II in airports in Kenya, diplomatic passports to his or her spouse, office and office equipment.

ALLOWANCES

The Act also entitles retired State officers and their spouses to one four-wheel-drive vehicle of an engine capacity not exceeding 3000cc replaceable every four years, a fuel allowance equal to 15 per cent of current monthly salary and full medical and hospital cover for local and overseas treatment with a reputable insurance company.

However, Mr Odinga has never received his pension after he protested at President Kenyatta’s proposal that he and Mr Musyoka quit politics.

RETIRED PRESIDENT

Senator Kina’s bill also hands a lifeline to former vice-presidents who had been sidelined by the principal Act of 2015 from accessing their pension.

Section 2 of the 2015 Act reads “retired Vice-President” means a person who, having held the office of Vice-President, has ceased to hold office as such in the manner specified in the Constitution and does not include a person who served as Vice-President before the commencement of this Act.”

SPEAKERS

This means former VPs Musyoka, Moody Awori and Musalia Mudavadi do not qualify.

Ironically, the Act covers retired Speakers of the National Assembly and the Senate since 1993. 

This means former Parliamentary Speakers like Francis Kaparo, Kenneth Marende and immediate former Senate Speaker Ekwee Ethuro are eligible to enjoy their retirement packages.

VICE PRESIDENT

Mr Kina now proposes that the section of the Act that touches on the former VPs be amended to refer to a person who, having held the office of the Vice-President at any time after January 1, 1993, has ceased to hold office as such in the manner specified in the Constitution.”

If passed, Mr Kalonzo and Mr Awori could each take home Sh19.8 million in one tranche then earn Sh880,000 per month.

They are also entitled to similar perks enjoyed by the DP and the former PM.