CIC asks Kibaki to reject Bills that award top leaders hefty pay

By ALLAN ODHIAMBO

Posted  Thursday, January 10  2013 at  21:05

In Summary

• The Presidential Retirement Benefits (Amendment) Bill 2012 proposes that the President be paid a lump sum take-home of Sh12.6 million for every term served.
• Under another Bill, the Retirement Benefits (Deputy President and Designated State Officers) Bill 2012, National Assembly Speaker Kenneth Marende would take home Sh240,000 monthly pension when he retires.
• The CIC said Thursday that the provisions of the Bills were unconstitutional and urged the Head of State not to assent to them

The Commission for the Implementation of the Constitution (CIC) has urged President Kibaki to reject two Bills seeking to hand him and seven other senior State officers a hefty retirement package.

The Presidential Retirement Benefits (Amendment) Bill 2012 that was passed by Parliament proposes that the President be paid a lump sum take-home of Sh12.6 million for every term served.

The President would also be paid pension at the rate of 80 per cent of his final salary of Sh700,000, meaning he would earn Sh560,000 a month. In addition he would be paid 40 per cent of the current salary as entertainment allowance, which amounts to Sh280, 000.

Under another Bill, the Retirement Benefits (Deputy President and Designated State Officers) Bill 2012, National Assembly Speaker Kenneth Marende would take home Sh240,000 monthly pension when he retires. The amount is 80 per cent of his basic pay Sh300,000.

Bills unconstitutional

Also to benefit is Vice-president Kalonzo Musyoka, Prime Minister Raila Odinga, deputy prime ministers Uhuru Kenyatta and Musalia Mudavadi, Chief Justice Willy Mutunga and his deputy, Attorney-General Githu Muigai, and the Chief of the Kenya Defence Forces Julius Karangi.

The CIC said Thursday that the provisions of the Bills were unconstitutional and urged the Head of State not to assent to them.

“In light of this, the commission has advised the President that in the clear language of the Constitution, it is the exclusive function of the Salaries and Remuneration Commission established under Article 230(1) of the Constitution, to set and regularly review the remuneration and benefits of all state officers and to advise the national and county governments on the remuneration and benefits of all other public officers,” the commission said.

It further stated: “Therefore, in purporting to pass the said Bills, Parliament has acted in contravention of the express provisions of the Constitution,”
Under the proposed amendment, a retired President would also be entitled to a housing allowance of Sh300,000 a month.

The President will get office space with appropriate furniture, furnishings, office machines, equipment and office supplies, to be supplied and maintained by the government.