EXPLAINER: Benefits Gachagua will lose if impeachment sails

Deputy President Rigathi Gachagua may have to forfeit all his retirement benefits should the Senate or even the courts uphold his impeachment.

Just like his predecessors (retired vice/deputy presidents), Gachagua, is by law, entitled to a hefty package which includes a monthly pension equivalent to 80 per cent of his last monthly salary upon leaving office.

The Retirement Benefits Act (RBA), 2015 stipulates that where a designated officer has acted in willful violation of the constitution, this lifetime perks and pay is removed.

A retired DP is also 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.

Other benefits include two saloon vehicles with an engine capacity not exceeding 2000cc which shall be replaceable once every four years and a fuel allowance equal to fifteen per cent of the current monthly salary of the office holder.

Additionally, the DP is given one four-wheel drive vehicle with an engine capacity not exceeding 3000 cc which shall be replaceable once every four years.

He is further eligible for full medical and hospital cover, providing for local and overseas treatment, with a reputable insurance company for the entitled person. This also covers the spouse.

Gachagua’s hopes now lies with the Senate which convenes next Wednesday and Thursday-October 16-17 to hear the charges leveled against him.

Last Tuesday, a record 282 MPs voted to impeach him on 11 grounds which include corruption, insubordination, undermining the government and divisive politics.

The Act further states that, an entitled person may receive some additional allowances in a situation where they have been assigned some official functions by the government.

Apart from these lavish benefits, the officer is also accorded two drivers, one personal assistant, one accountant, one secretary, two housekeepers and two senior support staff.

Other staff that he gets are two cooks, two gardeners, two cleaners, and armed security guards who shall be provided on request.

The retired DP, together with the spouses are further given diplomatic passports.

An office and office equipment, maintenance expenses for the vehicles provided and access to the VIP Lounge 11 at all airports within Kenya are also provided.

Death

The RBA also envisions a situation where there is death of the entitled person.

It states that upon the death of the entitled person, the surviving spouse shall be eligible for the benefits which is 50 per cent of the pension which was payable to an entitled person.

“In a case where there is more than one spouse entitled to benefits under subsection (1), the benefits shall be divided equally among all such spouses,” the Act states.

Children are also entitled to benefits under this Act.

If there is only one child, a pension at the rate of 25 per cent of the pension entitlement of the entitled person shall be paid.

If there are two or more children, a pension at the rate of 50 percent of the pension entitlement of the deceased entitled person is to be divided equally for the benefit of each child.

Some 45 senators out of the 67 (two-thirds) will be required to vote in favour of the impeachment motion for  Gachagua to be dismissed.

He will, however, still have the last option which is the courts.

Kibwezi West MP Mutuse Mwengi who moved the motion is set to appear in the Senate to defend his case.

He has stated that he has enough evidence to back his claims.