Are political protests grounds to cancel pension? What the law says about Maraga’s case

“Remember when you stood for justice?”

That was the biting rebuke delivered by National Assembly Deputy Speaker Gladys Shollei in Parliament as she launched a scathing attack on former Chief Justice David Maraga for taking part in the 25 June anti-government protests while enjoying taxpayer-funded retirement benefits.

In her address to the House, Shollei accused Maraga of hypocrisy and inciting unrest.

“Shame on you, Chief Justice Maraga,” she declared. “You’re currently on a pension paid by the government. They pay for your cars, they pay for your gardener, they pay for your cook—and then you go to the streets to demonstrate and mislead our children into destroying property.”

Her remarks ignited a national debate: Can retired public servants be stripped of their pensions or benefits for engaging in political protest or dissent?

Legal and constitutional protections

Experts say no—and the law is firmly on Maraga’s side.

According to constitutional lawyer Gibson Gisore, retirement benefits, including pensions, are protected by the Constitution and relevant legislation. Any attempt to revoke them on political grounds would be unlawful.

“The Constitution is unequivocal - pension is a right earned through years of public service. It cannot be withdrawn merely because the government disapproves of someone’s political beliefs or activities,” Gisore told The Eastleigh Voice.

He emphasised that such entitlements are not political favours but constitutional rights.

“What the former Chief Justice receives is a product of his service to the Republic. The government has no legal authority to withhold these benefits unless specific, serious legal conditions are met—none of which include political protest,” Gisore said.

What the law and Constitution say

1. Constitution of Kenya, 2010

• Article 40 – Right to property: Pensions and retirement benefits are recognised as property. Any arbitrary deprivation by the state constitutes a violation of this right.

• Article 27 – Equality and freedom from discrimination: The state is prohibited from discriminating against any individual, including retirees, on grounds such as political opinion or association.

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2. Pensions Act (Cap 189)

• Governs pension entitlements for public servants.

• Provides automatic pension eligibility after completing the prescribed service period.

• Pensions can only be forfeited under specific legal conditions, such as a conviction for a serious offence linked to one’s official duties, not for political participation.

3. Retirement Benefits (Deputy President and State Officers) Act, 2015

• Applies specifically to senior state officers, including the Chief Justice.

• Guarantees:

o A pension of 80 per cent of the last monthly salary.

o State-funded vehicles, medical cover, security, and household staff.

• Crucially, there is no clause permitting the withdrawal of these benefits due to political activism or protest.

Wider context: A continental trend?

Gisore warned that politicising retirement benefits reflects a troubling regional pattern.

“Across Africa, we’ve seen former leaders punished post-retirement for political involvement. In Zambia, a former president was denied a state funeral over political tensions. In the DRC, returning leaders have faced trumped-up charges,” he said.

In contrast, he noted that mature democracies in the West rarely resort to such measures.

“Here, political retaliation against retirees is a symptom of insecure leadership. When former officials remain influential, those in power often see them as threats.”

Even where specific protections for retirees’ political rights may not exist, Gisore stressed, revoking benefits on such grounds would still amount to discrimination—something Kenya’s Constitution explicitly prohibits.

Legal remedies and public oversight

If the state were to act unlawfully, Gisore said, legal recourse is available.

“The former Chief Justice could petition the courts for reinstatement of benefits, and even seek damages. The Judiciary would have a constitutional duty to intervene.”

Beyond the courtroom, he added, civic engagement also plays a vital role.

“Public outcry and media scrutiny can be powerful deterrents to abuse. When citizens stand against political victimisation, it forces governments to act within the law.”

Power, protest and precedent

Gisore concluded by warning of the broader implications.

“Our biggest challenge is the intoxication of power. Those who hold it often believe they are above the law. Anyone who challenges that belief becomes the enemy.”

As debate swirls over Maraga’s legacy and continued public engagement, Gisore urged Kenyans to stand firm in defending constitutional rights.

“If we allow the state to punish people for speaking out, we all lose. Today it’s Maraga. Tomorrow, it could be anyone.”