MPs in fresh bid for higher pay

Baringo North MP William Cheptumo tabled the Committee on Delegated Legislation report that declared the notice published by the Salaries and Remuneration Commission “null and void” May 23, 2013. FILE

What you need to know:

  • Committee says the MPs ought to be paid the Sh851,000 per month salary provided for in the National Assembly Remuneration Act and for pensions to be determined as per the Parliamentary Pensions Act.

  • Petition is still pending for the removal of SRC's Sarah Serem and her team.

A National Assembly committee mandated to scrutinise notices in the Kenya Gazette has opened a new front in the MPs push for higher pay.

In a report tabled in the House Thursday, the Committee on Delegated Legislation declared the notice published by the Salaries and Remuneration Commission “null and void”.

The committee says the MPs ought to be paid the Sh851,000 per month salary provided for in the National Assembly Remuneration Act and for pensions to be determined as per the Parliamentary Pensions Act.

“The gazette notice numbers 2885,2886,2887 and 2888 dated February 28, 2013 and published by the Salaries and Remuneration Commission in the Kenya Gazette of March 1 2013 is unconstitutional, unlawful, ultra vires and therefore null and void,” the committee says.

The committee also recommends that the SRC and other constitutional commissions should "strictly adhere to the Constitution and the Law when executing their constitutional mandate".

Baringo North MP William Cheptumo tabled the report in the House late Thursday. It was neither debated nor approved.

MPs are yet to receive their first salaries and they refused to approve a proposal that they take an 11-day break to work on the Budget in the committees ostensibly until the report is adopted.

By quashing the Kenya Gazette notice, the MPs have broken ranks with their leaders outside the House- President Kenyatta, his deputy William Ruto and their Cord's Raila Odinga.

These three, plus the wider Kenyan society, have been opposed to the increase of MPs’ salaries on the grounds that the SRC is the constitutionally mandated body to determine remuneration.

MPs have instead elected to rail at the SRC and a petition is still pending for the removal of Sarah Serem and her team at the body.

The committee also recommends that: “The National Assembly in the exercise of its powers under Article 95 (c) of the Constitution to review the conduct, composition and functioning of the SRC as well as other constitutional commissions and independent offices.”

The committee concludes that the SRC conducted an unconstitutional ranking of State Offices by placing Members of the National Assembly and Senate at positions 43 and 44 respectively in the order that has the President at the top.

It argues that given that the National Assembly supervises the president, vets the Cabinet secretaries, has the power to initiate the removal of a Constitutional office holder and oversees the work of state officers, its members deserve better pay.

“It is a Constitutional requirement that the National Assembly approves the nomination of most State Officers prior to their appointment. The National Assembly then oversees their work both from a financial and administrative perspective  and initiates the process of removing them from office,” the team states.

“In principle it is improper and unreasonable for the remuneration of the State Office of MP to be set below that of state offices that are essentially subordinate to it and subject to its approval process and supervision,” it concludes.

It also seeks to dismiss the argument that by lowering academic qualifications, MPs also ought to earn less by arguing that education accounts for only 20 per cent of the job.

“While educational qualifications may be relevant in evaluating appointive positions such as judges and Cabinet Secretaries, they are not relevant when it comes to evaluating elective positions,” the committee states.