Chairperson Salaries and Remuneration Commission (SRC) Sarah Serem
(right), and commissioner Jacqueline Mugo on December 11, 2014. PHOTO |
MARTIN MUKANGU |
NATION MEDIA GROUP
Our Constitution sets out the powers and functions of the
Salaries and Remuneration Commission. It says the commission sets and
regularly reviews the remuneration and benefits of all State officers.
It also advise the national and county governments on the remuneration and benefits of all other public officers.
Two things become immediately clear from this.
The
first is the oft ignored or forgotten truism that all State officers
are also public officers, while not all public officers are State
officers.
This means that everything that applies to
public officers also applies to State officers, unless the exception is
clearly stated in the Constitution.
Most State officers
have presented themselves as a class apart, claiming exemptions
especially with regard to integrity and utilisation of public funds.
The
second thing that appears obvious is the role of the Salaries and
Remuneration Commission in determining the pay for public officers.
In
language that is as clear as day, the Constitution places upon the
Commission the responsibility of setting all pay for all State officers,
without any exceptions.
In the same breath, the
Constitution only gives the Commission an advisory role as far as the
determination of pay for other public officers is concerned.
In
its ordinary construction, advice may be heeded as given, or heeded
with modification, or even ignored with or without reason.
In
other words, while it is mandatory for the Commission to advise the
national and county governments on the remuneration and benefits of all
public officers except State officers, it is not mandatory that this
advice be followed blindly. After taking the advisory opinions of this
Commission, the national and county governments can go ahead and make
their own decisions based on economic and socio-political realities on
the ground.
However, the Commission’s mandate as far as
setting and regularly reviewing the remuneration and benefits of ‘all
State officers’ cannot be ignored or varied without amending the
Constitution via a referendum.
The Commission can
actually determine that Members of Parliament should be paid Sh100,000
each as monthly salary, and that would have the force of law. If the
Commission determines that the next president of Kenya will earn the
minimum wage, there’s little anyone can do about it.
To
my mind, the responsibility of setting State officers’ pay is an
onerous one, and it would keep the Commission so busy during its term
that there would be little time left for other activities.
Unfortunately, from the very outset the Commission seemed to have
discovered which side of its bread is buttered.
After
an abortive bust-up with Parliament soon after promulgation of the new
Constitution, the Commission seems to have given up and turned on other
public officers who constitute a soft target.
While
State officers run roughshod over the national resources, the Commission
has kept itself busy making unconstitutional decrees purporting to set
salary ceilings and allowances for all public officers (with the
possible exception of State officers)!
Perhaps in an
attempt to retain relevance after giving up on its core mandate, the
Commission may be interested in fomenting labour unrest in order to be
retained as a continuous adviser to the national and county governments.
A lot of labour-related problems can be avoided if the salaries team just did its job and avoided sideshows!
Prof Lukoye Atwoli, Associate Professor of Psychiatry and Dean Moi University School of Medicine Lukoye@gmail.com
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