A case has been filed at the Milimani Law Courts seeking to halt any parliamentary attempt to review or alter the retirement benefits of a former Head of State.

The petition, filed by Sheria Mtaani and lawyer Shadrack Wambui, asks the court to suspend Sections 4 and 6 of the Presidential Retirement Benefits Act pending the hearing of the case.

In an affidavit, Wambui argues that the contested provisions violate Article 151(3) of the Constitution, which protects a former President’s retirement benefits from being altered to their disadvantage during their lifetime.

The challenge is tied to a Senate motion dated May 4, 2026, sponsored by Samson Kiprotich Cherarkey, seeking to review and audit the benefits of a former President, an action the petitioner terms unconstitutional.

Court documents show the petitioner is seeking urgent conservatory orders to stop any debate, tabling, or consideration of the motion, while also suspending enforcement of the disputed legal provisions.

The petition further argues that allowing Parliament to proceed would amount to overreach, effectively giving it judicial powers to determine misconduct and impose punitive measures, including withdrawal of benefits.

“The impugned statutory framework places constitutionally protected rights at the mercy of a political process,” the petitioner states, warning this could erode key constitutional safeguards.

Sheria Mtaani maintains the court must intervene early to preserve the status quo, cautioning that failure to grant the orders could lead to irreversible harm and expose former presidents to post-tenure political retaliation.

They insist the orders sought are limited in scope and do not hinder Parliament’s broader legislative role, but instead aim to temporarily bar reliance on provisions whose constitutionality is under challenge.