The Commission for the Implementation of the Constitution wants the Presidential Retirement Benefit Act 2012 declared unconstitutional. The Commission has written to the Attorney General informing him of its intention to go to courts over the matter. It had advised the president not to assent to the bill but the opinion was ignored.

CIC's announcement comes a day after the Salaries and Remuneration Commission proposed a new pay structure which will set a limit to the amount that 3,760 high ranking state officers including the president, deputy president, governors, senators, MPs and county representatives in the next government will earn.

The next occupant of State House will only earn a maximum of Sh1.7 million and not less than Sh1.3 million per month according to the proposal.

President Mwai Kibaki who currently earns a total of Sh 3.1 million in basic salary and allowances, signed the Presidential Retirement Benefits and Amendment Bill in January this year.

The bill will see him get 25 million shillings as a send-off package as well as other retirement benefits including an entertainment allowance of 280 thousand shillings each month when he leaves office. Kibaki signed the bill despite rejecting a hefty-send off package for MPs