Will DP Gachagua lose hefty retirement benefits if impeached? What the law says

While the Constitution outlines the grounds and process for impeachment, the implications on retirement benefits remain a subject of interpretation.

The Impeachment Process

Under the Constitution of Kenya, Article 150, the Deputy President can be removed from office on several grounds: gross violation of the Constitution or any other law, serious reasons to believe the Deputy President has committed a crime under national or international law, or gross misconduct​.

The process mirrors that of impeaching a president, beginning with a motion in the National Assembly, followed by investigations by the Senate.

If two-thirds of the National Assembly members support the motion, it is forwarded to the Senate, which then appoints a special committee to investigate the allegations.

If the committee substantiates the charges, the Senate votes on the matter, and a two-thirds majority is required to impeach the Deputy President​.

The Impact on Retirement Benefits

While the Retirement Benefits (Deputy President and Designated State Officers) Act, 2015 provides a comprehensive framework for the pension and other benefits of a retired Deputy President, it does not explicitly address the scenario of an impeached Deputy President.

According to the act a "retired Deputy President means a person who, having held the office of Deputy-President, has ceased to hold office as such in the manner specified in the Constitution."

However, it does not clarify whether ceasing to hold office due to impeachment disqualifies one from receiving retirement benefits​.

The definition leaves room for interpretation. Since the Act ties the retirement status to constitutional provisions, one could argue that any lawful cessation of the role, including impeachment, might still categorise the individual as a retired Deputy President, entitling them to benefits.

Conversely, because impeachment is a form of removal for misconduct, it raises questions on whether it should disqualify a Deputy President from receiving such benefits.

Legal Ambiguity and the Need for Clarification

The lack of explicit disqualification upon impeachment in the Act implies that the matter could be open to legal interpretation or require further legislative clarification.

Given the potential implications on public funds and precedence for future officeholders, there may be a need for either court rulings or amendments to the Act to determine how such cases are handled.

READ: 20 top lawyers hired by Gachagua in impeachment battle reveal their strategy

List of retirement benefits for deputy president

According to the Retirement Benefits (Deputy President and Designated State Officers) Act, 2015, a retired Deputy President is entitled to the following benefits:

Monthly Pension

A retired Deputy President receives a monthly pension equal to 80% of their last monthly salary while in office.

Lump Sum Payment

A one-time lump sum payment calculated as an amount equal to one year's salary for each term served in office.

Vehicles

Two saloon vehicles with an engine capacity not exceeding 2000 cc, which are replaceable once every four years.

One four-wheel-drive vehicle with an engine capacity not exceeding 3000 cc, also replaceable once every four years.

Fuel Allowance

A fuel allowance equal to 15% of the current monthly salary of the Deputy President.

Medical Cover

Comprehensive medical and hospital cover, providing for both local and overseas treatment, with coverage for the retired Deputy President, their spouse, and eligible children (those below 18 years or under 25 years and undergoing full-time education).

Additional Benefits

• Two Drivers
• One Personal Assistant
• One Accountant
• One Secretary
• Two Housekeepers
• Two Senior Support Staff
• Two Cooks
• Two Gardeners
• Two Cleaners
• Armed Security Guards: Provided on request by the retired Deputy President.
• Diplomatic Passports: Issued for the retired Deputy President and their spouse.
• Office and Office Equipment: Provision of an office and necessary equipment.
• Vehicle Maintenance Expenses: The cost of maintaining the vehicles provided.
• Access to VIP Lounge: Access to the VIP lounge at all airports within Kenya.