After the National Rainbow Coalition (NARC) under the command of the late President Mwai Kibaki swept into a euphoric victory that ended the 40-year rule of the Kenya African National Union (Kanu), it was time for his handlers to settle scores.
There was mounting pressure to arrest former President Daniel arap Moi over crimes or either omission or commission, during his 24 years’ rule.
In an earlier interview with the Nation, former Justice and Constitutional Affairs Minister Kiraitu Murungi revealed that charges for the former President had already been drafted, and it was just a matter of when and not if he should be arrested.
Moi was not only to be arrested but also evicted from the posh Kabarnet Gardens and the house given to the new Vice President Kijana Wamalwa.
It was the politics of revenge at its best. The regime had changed, and those in power felt it was their time to inflict pain on the former Head of State for the alleged atrocities he committed during his tenure in the highest office.
But before the plan was executed, President Kibaki would have the last word. He thwarted the plan and directed his minister to not only abandon the plan, but also process a title deed for the Kabarnet Gardens in Moi’s name.
Former presidents Daniel arap Moi (right) and Mwai Kibaki in Muthaiga on May 4, 2016.
Photo credit: File | Nation Media Group
“Kibaki did not want us to fight Moi,” Mr Kiraitu revealed during the interview.
“We went to consult Kibaki about the eviction with Amos Kimunya, who was the Minister for Lands, but Kibaki told us to process a title deed for the property in Moi’s name and hand it over to the retired president,” the former minister said.
According to Mr Kiraitu, once a person ascends to power, there are many people with different agenda and it is upon the leader to listen and compromise.
The move is fuelled by the former President Kenyatta’s active participation in politics, including criticising the Kenya Kwanza administration and even endorsing a candidate for the 2027 polls.
Nandi Senator Samson Cherarkey.
Photo credit: File | Nation Media Group
Under Article 38 of the Constitution, every citizen is free to make political choices, which includes the right to form, or participate in forming a political party, participate in the activities of or recruit members for a political party or to campaign for a political party or cause.
On Friday, Mr Kenyatta took issue with his critics, who have singled him out whenever he speaks on matters affecting the nation, saying not even former President Daniel arap Moi was gagged in that manner.
“We worked with former President Moi and campaigned for the Orange and won, and Moi was not intimidated by Kibaki; he campaigned with us. When we lost our colleagues from Marsabit, such as (Bonaya) Godana, Moi joined us, and we campaigned and won those seats for Kanu against Narc. These days, I speak on a few issues, and I am told I am retired and should go home. Why was Moi not told to retire and go home?” Kenyatta posed.
“I am not in active politics, but I have a right to campaign for my party. I seek no elective seat, but I am a Jubilee member,” he added.
The threat to strip Kenyatta of his retirement benefits has once again re-ignited the politics of vendetta that has characterised the murky Kenyan political environment.
It is, however, a risky political pathway that, should President Ruto choose to walk into, may complicate his 2027 political chase board with only 14 months to the 2027 General Election.
The move is also likely to provide political fodder to the United Opposition, a factor that President Ruto would wish to avoid at this time.
President William Ruto fields questions from the media at Sagana State Lodge, Nyeri County on March 31, 2025.
Photo credit: PCS
Should Ruto proceed with the threat, he will be using the same script his predecessor used against former Prime Minister Raila Odinga and Mr Kalonzo Musyoka during their days at the Coalition for Reforms and Democracy (Cord)
The constitution under the Presidential Retirement Benefits (Amendment) Act, 2013 guarantees the former hefty perks, a one-off lump sum payment on retirement calculated as a sum equal to one year’s salary for each term served and a monthly pension equal to 80 percent of the monthly salary of the sitting president.
The former President is also entitled to an entertainment allowance of 15 percent of the monthly salary of the serving president to cater for both urban and rural dwelling, a suitable space not exceeding 1,000 square metres with appropriate furniture, office machines and office supplies.
He is also entitled to 34 employees, including two Personal Assistants, four secretaries, four messengers, four drivers, four bodyguards and four cars, which include two limousines and two sports utility vehicles, which are replaced every four years.
Other benefits for the former Head of State include full medical cover for local and foreign treatment, diplomatic passports, as well as local and international travel allowances of four trips every year.
However, despite the provision in law for the benefits, the National Assembly may, on a motion supported by the votes of not less than half of the members thereof, resolve that an entitled person, surviving spouse or children, as the case may be, shall not receive any benefits conferred by this Act, on the grounds that such person ceased to hold office on account of having acted in wilful violation of the Constitution and was guilty of gross misconduct.
In addition, the House can also deny such a person the benefits if, since ceasing to hold office been convicted of an offence and sentenced to imprisonment for a term of three years or more, without the option of a fine or has, since ceasing to hold office, held office in, or actively engaged in the activities of, any political party.
However, with the breakaway faction of ODM under Linda Mwananchi, Former Deputy President Rigathi Gachagua allies and Jubilee allied MPs, the President cannot risk such a motion in the House at the moment.
Wiper party leader Kalonzo Musyoka addresses the congregation during a church service at Christian Dominion Ministries in Kasarani on December 7, 2025.
Photo credit: Billy Ogada | Nation Media Group
In June last year, Members of Parliament threatened to pass a resolution in order for the government to stop paying former Vice President Kalonzo Musyoka, former Chief Justice David Maraga and former National Assembly Speaker Justin Muturi their pension perks for participating in the ongoing anti-government protests.
Mr Musyoka, Maraga and Muturi are entitled to massive perks courtesy of the Retirement Benefits (Deputy President and Designated State Officer) Act due to the positions they held.
In a heated debate, Dadaab MP Farah Maalim said that by joining the demonstrators, Maraga has lost the respect he used to enjoy from Kenyans.
“Anybody who is a dignified retired politician who is having a pension on the basis of the position he held, like a Speaker or in the Judiciary or a politician who is a former president or former prime minister and gets involved in these kinds of things, we should make laws that ensure he does not enjoy such perks again,” Mr Maalim said.
Majority Whip Silvanus Osoro said there was an urgent need to review payments of pension to individuals who are still actively participating in politics.
“We need to look at the pension paid to the retired officers. Mr Muturi earns more than Sh1 million from taxpayers; Maraga and Musyoka earn a lot of money. That law must be reviewed; they need not earn when they are participating in such activities,” Mr Osoro said.
Former Chief Justice David Maraga at his residence in Karen on June 18, 2025.
Photo credit: Francis Nderitu | Nation Media Group
Under the law, the three are entitled to a monthly pension equal to 80 per cent of the monthly salary of the entitled person's last monthly salary while in office and a lump sum payment on retirement, calculated as a sum equal to one year's salary paid for each term served in office.
They are also entitled to one saloon vehicle of an engine capacity not exceeding 2000 cc, which shall be replaceable once every four years, one four-wheel drive vehicle of an engine capacity not exceeding 3000 cc, which shall be replaceable once every four years and a fuel allowance equal to 15 per cent of the current monthly salary of the office holder.
Under the law, they are also entitled to a full medical and hospital cover, providing for local and overseas treatment, with a reputable insurance company for the entitled person, the entitled person's spouse and the entitled person's child who is below 18 years or is under 25 years of age and is undergoing a course of full-time education.
Mr Musyoka served as vice president between 2008 and 2013, Mr Maraga served as the Chief Justice between 2016 and 2021, while Mr Muturi served as the speaker of the National Assembly for the 11th and 12th Parliament until 2022.
