The threshold for stopping the perks enjoyed by Mr Odinga and Mr Musyoka would have to be determined by not less than half of the members, as per the Retirement Benefits (Deputy President and Designated Officers) Act.
The first-term MP accuses the three of engaging in active politics while pocketing their retirement perks, which he says is against the provisions of the Presidential Retirement Benefits Act of 2003 and the Retirement Benefits (Deputy President and Designated Officers) Act of 2015.
“The National Assembly may on a motion supported by the votes of not less than two-thirds of members resolve that a retired president or his surviving spouse, as the case may be, shall not be entitled to the whole or any part of the benefits conferred by this Act,” Section 4 (1) of the Presidential Benefits Retirement Act of 2003.
The Retirement Benefits (Deputy President and Designated Officers) Act of 2015 relates to retired Deputy Presidents, retired Vice Presidents, retired Prime Ministers and other senior officers, including Speakers of Parliament, retired Chief Justice and Deputy Chief Justice and dates back to 1993.
Two-thirds majority
The two laws set out similar grounds for stopping such perks.
The National Assembly has 349 members, meaning that to have Mr Kenyatta’s retirement perks stopped, the motion would require the support of at least a two-thirds majority – or 233 MPs.
In the case of Mr Odinga and Mr Musyoka, at least half – 175 MPs – would have to support the motion.
“Where the National Assembly passes a resolution, a retired President or his surviving spouse shall not be entitled to any benefits under this Act or their entitlement to such benefits shall be reduced in accordance with such resolution,” the law reads.
Calling on National Treasury Cabinet Secretary Njuguna Ndung’u to terminate further payment of retirement benefits to the three former state officers, Mr Kagombe wants the Treasury to provide “this House with data on the payments made to the aforementioned retired state officials since their respective retirement.”
There are 179 MPs allied to Kenya Kwanza, meaning that to have the Motion sail through, they will require the support of 157 MPs allied to Azimio.
But the Minority Leader Opiyo Wandayi (Ugunja) termed Mr Kagombe’s motion dead on arrival.
“As Azimio members, we will ensure that this Motion does not see the light of day. The member has specific instructions from his masters,” said Mr Wandayi.
