Parliament reinstates fat salaries at expense of taxpayers

A section of the Members of the National Assembly. MPs have nearly doubled their official monthly salary of Sh543,000. Photo/STEPHEN MUDIARI  NATION MEDIA GROUP

By EDWIN MUTAI

In Summary

• PSC vice chairman Adan Keynan tabled in the House a Sh24.5 billion budget that includes salaries and allowances fixed at the rate of the 10th Parliament’s.
• That means each of the 349 Members of the National Assembly and the Speaker are entitled to a monthly salary of Sh200,285 and Sh788,057 in allowances for a total of Sh850,000.
• Senators have hit the taxpayers even harder with a budget that entitles them to a monthly package of Sh1.36 million.

Taxpayers will continue shouldering a heavy burden in MPs’ salaries after Parliament defied the Salaries and Remuneration Commission (SRC) and budgeted for nearly double the official monthly salary of Sh543,000.

Parliamentary Service Commission (PSC) vice chairman Adan Keynan tabled in the House a Sh24.5 billion budget that includes salaries and allowances fixed at the rate of the 10th Parliament’s.

The budget contains Sh841.2 million to pay MPs salaries and an additional Sh3.3 billion for personal allowances payable to the lawmakers in the next financial year beginning July.

That means each of the 349 Members of the National Assembly and the Speaker are entitled to a monthly salary of Sh200,285 and Sh788,057 in allowances for a total of Sh850,000 that their counterparts in the 10th Parliament earned.

Senators have hit the taxpayers even harder with a budget that entitles them to a monthly package of Sh1.36 million, including Sh812, 525 in allowances and a basic pay of Sh550, 875 for each of the 67 members and the Speaker.

Parliament has also escalated in the budget, the MPs quest to turn their car loans, which the SRC had
 indicated would be paid at an interest rate of three per cent per annum, into a grant and increase the amount to Sh7 million — effectively overturning the SRCs effort to cut their pay.

(Read: MPs take control of perks in new regulations)

The budget for the bicameral parliament is the clearest indication that MPs are conducting their business on the basis of a legal opinion offered by Speaker Justin Muturi that the SRC has no mandate to set the MPs salaries.

The tabling of the budget in the House nearly completes the contested matter of MPs pay given the fact that it is the Budget Committee of Parliament (made up of the same MPs) that will sit to consider the estimates for passing.

Only the Judiciary can stop the process if it agrees with the prayers of activist Okiya Omtata Okoiti seeking to stop the MPs from increasing their pay.  



Parliament’s budget shows that Sh20.5 billion will go into recurrent expenditure while Sh4 billion is set aside for development.

The budget was tabled shortly after Mr Muturi allowed Igembe South MP Mithika Linturi’s petition seeking to dismiss SRC chairperson Sarah Serem and her team of 14 commissioners for reducing the MPs salaries.

Mr Muturi referred the petition to the Committee on Delegated Legislation, which will investigate the claims of “gross violation of the Constitution and gross misconduct” on the part of the SRC in reviewing MPs pay downwards.

Mr Linturi said he has filed a charge sheet containing 18 counts against the commission for violating the Constitution, the Parliamentary Service Commission Act, members Pension and Retirement benefits Act and the Finance Act 2012.

“I have prepared an 18 counts charge sheet and a further charge sheet of 12 counts on how SRC has violated the Constitution and I shall prove them,” Mr Linturi said.

All members who contributed to the 30 minutes debate on the petition said the Serem-led commission had no power in law to amend or repeal existing Acts of Parliament through a gazette notice.

Mr Keynan accused the SRC of contravening the law in discharging its mandate saying the commission cannot use subsidiary legislation to negate sections of the Constitution and annul Acts of Parliament.

“My argument is not salaries, but constitutionality of the gazette notice. How can a creature of this House gag Parliament? All international agreements and convention form part of the constitution including the ILO (International Labour Organisation) agreements,” Mr Keynan said.

“I want to support the removal of SRC because Section 127 (6) of the Constitution  gives the PSC the power, to among other things, look into the welfare of MPs including salaries and facilities to discharge the mandate,” said Leader of Majority Aden Duale.

Should the yet to be formulated Committee on Delegated Legislation and the House approve the removal of the SRC, President Uhuru Kenyatta will suspend the commission and appoint a Tribunal to look into their conduct.