Why sacked CSs may continue getting pay

Public Service Commission Chairperson Prof. Margaret Kobia on October 29, 2015. Sacked cabinet secretaries may continue to receive salaries until 2017 due to the exit clauses in their contracts. PHOTO | ROBERT NGUGI | NATION MEDIA GROUP 

In Summary

• Public Service Commission chairperson Prof Margaret Kobia said that exit is determined by contracts.
• Solicitor General Njee Muturi said CSs serve at the President’s pleasure and once they are sacked, salaries should be stopped.
• Most of the CSs left high paying and prestigious jobs to work for the government.

By WANJOHI GITHAE
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The taxpayers’ burden may be bigger than imagined after it emerged that cabinet secretaries who have left office may continue earning their pay until 2017.

When they joined the Cabinet in 2013, the CSs signed contracts which spell out terms and conditions of their job.

Public Service Commission chairperson Prof Margaret Kobia said that exit is determined by contracts.

“Cabinet secretaries serve under contract with terms and conditions of service. Should they leave employment for whatever reason, contract terms and employment laws are complied with,” she said.

Remuneration and exit clauses are also set up in the contracts which may see cabinet secretaries who are no longer working continue earning.

SECURITY RISK

Sources have told the Sunday Nation that a favour for salary and security is extended to ministers who have served in sensitive dockets because of the nature of the government secrets they take home with them and for preservation of national security.

Sources in government say that when a such high ranking official leaves office, they are entitled to either lump sum payment or continued monthly pay for a period of time. This is to cushion them from falling prey to enemies of the State. The security ministry is one such docket.

But Solicitor General Njee Muturi said CSs serve at the President’s pleasure and once they are sacked, salaries should be stopped.

“I have not seen an individual contract but the law on contracts is that once you are not serving you do not receive a salary,” Mr Muturi said.

He, however, said these contracts may differ in exit clauses.

“One may get one, two or three salaries after leaving office, it depends on how the exit clause demands,” he said.

PRESTIGIOUS JOBS

Most of the CSs left high paying and prestigious jobs to work for the government.

Industrialisation CS Adan Mohamed was managing director at Barclays Bank before taking up the Cabinet post.

According to the Salaries and Remuneration Commission, a cabinet secretary earns about Sh1,120,000.

Efforts to talk to SRC chairperson Sarah Serem on the contract terms failed as her phone was off and text messages inquiries went unanswered.

Apart from former Interior CS Joseph ole Lenku who left last year, ministers who were sacked a fortnight ago are Charity Ngilu (land), Felix Kosgei (agriculture), David Chirchir (energy), Kazungu Kambi (labour) and Michael Kamau (transport and infrastructure). They had being on suspension for eight months.

Ms Anne Waiguru resigned from the powerful Devolution and Planning docket recently.

When on suspension, they were supposed to be earning half the salary pending investigations.

When contacted on Saturday, Mr Kambi failed to confirm or deny that he was still earning money from government.

“When the announcement was made, that was over. We ceased to work, and the announcement was made in public,” he said.

Mr Kambi said he has, however, not received any formal communication terminating his terms of service, adding that was not given one either when he was appointed.

Prodded to say whether he is still drawing a salary he said; “I’m a politician remember.”