A lobby group has moved to the High Court seeking to stop Parliament from considering a motion that could lead to the review and possible alteration of former President Uhuru Kenyatta’s retirement benefits.
In an urgent application filed on Tuesday, Sheria Mtaani, together with advocate Shadrack Wambui, argues that the parliamentary process is unconstitutional and violates rights protected under the Constitution.
The application arises from a motion reportedly filed on May 4, 2026, by Nandi Senator Kiprotich Cherargei, seeking to review, audit and vary the retirement benefits of the former Head of State under the Presidential Retirement Benefits Act.
Sheria Mtaani contends that any attempt to alter those benefits would violate Article 151(3) of the Constitution, which provides that the retirement benefits of a President “shall not be varied to the disadvantage of the holder” during their lifetime.
“The motion sets in motion a parliamentary process capable of culminating in the deprivation of constitutionally protected benefits,” Wambui states in court papers.
The lobby group further argues that Sections 4 and 6 of the Presidential Retirement Benefits Act, which underpin the proposed review, are unconstitutional for allegedly vesting quasi-judicial powers in Parliament.
According to the application, the law improperly allows the National Assembly and Senate to investigate alleged misconduct, determine culpability and impose punitive measures in the form of withdrawing benefits—functions the petitioner says are reserved for the Judiciary.
“This framework exposes vested constitutional rights to a majoritarian political process that lacks due process safeguards,” the application states.
The petitioner is seeking conservatory orders to immediately suspend any parliamentary proceedings linked to the motion, including its tabling, debate or adoption.
They also want the court to suspend the operation of the disputed provisions of the law pending the hearing and determination of the petition.
Wambui argues that the matter is urgent, warning that unless the court intervenes, Parliament could proceed with deliberations and potentially adopt a resolution he says would entrench what he terms an unconstitutional practice.
“It is imperative that this Honourable Court urgently intervenes to preserve the status quo and to forestall the continuation or consummation of proceedings founded upon a provision that is prima facie unconstitutional,” he states.
The lobby group further claims that allowing the process to continue would set a precedent where constitutionally guaranteed rights are subjected to political contestation.
It maintains that the alleged harm cannot be adequately remedied after the fact, particularly where it involves constitutional protections designed to shield the presidency from post-tenure political reprisals.
At the centre of the petition is also the question of separation of powers, with the applicant arguing that Parliament cannot assume authority to vary or extinguish vested rights.
While acknowledging the need for institutional comity between arms of government, the petitioner insists that the court has a duty to intervene where a constitutional violation is threatened.
“The Constitution vests this Honourable Court with both the authority and the obligation to intervene at the point where unconstitutional action is threatened,” the application states.
Separately, Nandi Senator Samson Cherargei has filed a motion in the Senate seeking to stop or reduce retirement benefits for the retired President.
In the motion, Cherargei wants Parliament to revoke, reallocate or vary the budget relating to the benefits of the former President.
He argues that the benefits—funded by taxpayers—are contingent upon a retired president maintaining political neutrality, a condition he claims has been breached.
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