Just a week to the Impeachment Motion of Deputy President Rigathi Gachagua at the Senate, lawyers have debunked on benefits that the Deputy President risks losing over the Impeachment.
Gachagua will now need to win the support of at least 23 Senators to defeat the motion to impeach him; failure to do so may result in his impeachment and his subsequent removal from office.
According to Lawyer Willis Otieno, Gachagua risks losing the retirement benefits of a former Deputy President if he is removed from office and Impeachment means punishment and therefore the DP will not expect to enjoy the full benefits.
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“When you are being impeached, it is a punishment, and if it is a punishment, you do not expect to enjoy the full benefits; otherwise, it defeats the very purpose of that penalty.”
According to the Retirement Benefits Act of 2015, a retired Deputy President is entitled to a monthly pension equivalent to 80% of their last monthly salary while in office.
Similarly, retired DPs are entitled to a lump sum payment on retirement calculated as a sum equal to one year’s salary paid for each term served in office, two saloon cars and a four-wheel drive replaceable once every four years, accompanied by a fuel allowance equal to 15% of the current monthly salary of the office holder
Additionally, a full medical cover providing for local and overseas treatment, provision of necessary staff, armed security guards on request, a diplomatic passport, and access to the VIP Lounge of any airport within Kenya, among others.
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However, according to Lawyer Willis Otieno, Gachagua will be entitled to only if he opts to voluntarily resign before his impeachment, should the Senate decide to green-light his removal from office even though the lawyers claim that senate will be his last nail.
“He has a solid case, but I don’t think the courts will want to wade into a political conversation. This is the time when courts normally exercise what is called judicial restraint, known as the doctrine of avoidance.”
