Former Chief Justice David Maraga has become the center of a heated national question: Can political protests justify the revocation of his pension? The controversy escalated when Deputy Speaker Gladys Shollei publicly accused Maraga of hypocrisy—calling him out for receiving a taxpayer-funded pension while participating in protests she claims mislead youth and damage property
However, leading constitutional lawyer Gibson Gisore firmly rejects such claims. He emphasises that retirement benefits, including pensions, are legally protected rights—not perks that can be withdrawn based on political views or civil action
According to Gisore, the Constitution of Kenya, 2010, safeguards these entitlements under several provisions. Article 40 affirms that pensions are property rights, while Article 27 forbids discrimination—including because of political choice or activism
Likewise, the Pensions Act (Cap 189) and the Retirement Benefits Act codify these protections: a former public officer cannot be stripped of retirement income or benefits unless legal conditions—such as fraud or criminal conviction—are met, none of which apply to Maraga’s case- The Eastleigh Voice News.
Experts caution that any move to cancel his pension based solely on protest participation would be unconstitutional and unlawful. As Gisore stressed, “the government has no legal authority to withhold these benefits unless specific, serious legal conditions are met—none of which include political protest.”
In short: unless Maraga is found guilty of a legally defined misconduct, his entitlement to a pension remains untouchable under Kenyan law—a stance that affirms both the rule of law and political freedoms.
