Dispute Over Former President Uhuru Kenyatta’s Retirement Office: Legal and Government Perspectives
The ongoing dispute between Former President Uhuru Kenyatta’s office and the State House revolves around several matters related to Uhuru’s retirement benefits, particularly his choice of a retirement office.
Specifically, the Office of the 4th President has claimed that the government has not maintained Uhuru’s retirement office, which is located at his Caledonia home near the State House.
Conversely, the government argues that it cannot lease the Caledonia office space, citing a conflict of interest since the office is within Uhuru’s home, making him both landlord and tenant.
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But what does the law say? Kenyans.co.ke examines the Presidential Retirement Benefits Act, which outlines the retirement package for Uhuru’s office.
The Presidential Retirement Benefits Act of 2003 grants Uhuru the right to a suitable office space, with specified limits on the space.
Thus, the term “suitable” is crucial as it forms the core of the dispute.
“A retired President shall, during his lifetime, be entitled to a suitable office space, not exceeding one thousand square meters, with appropriate furniture, furnishings, office machines, equipment, and office supplies, to be provided and maintained by the government,” states the Act.
Uhuru’s Position
In an interview on Citizen TV, Uhuru’s Office Spokesperson Kanze Dena explained why the former President chose the Caledonia home.
According to Dena, Uhuru chose his home because it meets the suitability requirement.
“It is crucial to review what has happened with other beneficiaries. The scrutiny seems to be there because it is former President Uhuru Kenyatta,” she noted.
“The Nyari office used by Kibaki was not his choice. The Act specifies suitability. Even the Nyari office was selected by the late President Mwai Kibaki and his team. The office was bought because Kibaki chose it.”
Government’s Position
The government maintains that Uhuru should not rent his property but should use the office previously occupied by former President Mwai Kibaki.
“In 2012/2013, the government purchased an office for the retired President. This office is in Nyari, Nairobi, and was used by the late President Mwai Kibaki for nine years, from 2013 to 2022,” stated Government Spokesperson Isaac Mwaura.
“This office is, therefore, suitable for any retired President. By rejecting this office and preferring the government lease his private home, the Third Retired President is asking the government to violate procurement laws, regulations, and procedures.”
Definition of Suitable: According to the Oxford Dictionary, suitable means “right or appropriate for a particular person, purpose, or situation.”
Lawyer’s Interpretation
Lawyer Willis Otieno, commenting on the office space issue, believes there is nothing wrong with Uhuru preferring his Caledonia home as his office.
He clarified that it would only be problematic if Uhuru charged excessive rent or used two offices for the same purpose.
“I do not see any conflict of interest because he is entitled to an office, and that office should be paid for. As long as the rent is within the government’s specified range, they can choose and be comfortable with that office,” the lawyer stated.
“It would be wrong if Uhuru demanded rent and simultaneously wanted to use another state facility as his official office. As it stands, he is not asking for more than what the law provides.”
Dispute Over Former President Uhuru Kenyatta’s Retirement Office: Legal and Government Perspectives
