AG answers Raila over MPs’ millions

Attorney-General Githu Muigai has defended his move not to stop further debate on a controversial Bill over the lawmaker's millions.

The Bill seeks to give MPs millions of shillings in allowances and gratuity.

Prof Muigai said there appeared to be a serious misunderstanding on the Statute Law (Miscellaneous Amendments) Bill, 2012.

His office and that of the Speaker consulted on constitutional issues raised by Prime Minister Raila Odinga, the Commission for the Implementation of the Constitution and the Salaries and Remuneration Commission before debate in Parliament on Thursday, he said.

“The consensus was that the issues raised were weighty and deserving of further serious scrutiny. Consequently, it was agreed that sections of the Bill that were addressing issues of remuneration would be removed from the Bill, which in any event, would be allowed to proceed to the Committee stage so as to allow deliberations on other non-contentious provisions,” the AG said.

On Friday, the PM clashed bitterly with the AG over the Bill. (READ: Raila tells off AG for tabling controversial Bill)

In a terse letter, Mr Odinga accused the AG of insurbodination and mischief and demanded that debate on the Bill be stopped immediately.

Mr Odinga was unhappy that the AG moved the Bill before the House “and attempted to have it passed,” despite official communication to him that the Bill stood withdrawn.

“It cannot be right that a formal and official undertaking is made to the Prime Minister by the Principal Legal Adviser to the Government and the same is negated in the surreptitious manner as has been done in this case,” Mr Odinga stated and asked Speaker Kenneth Marende to stop further debate.

In his letter dated May 22, Prof Muigai had confirmed to the PM that the Bill stood withdrawn “to facilitate further consultation on the same.”

Mr Odinga termed as “unconstitutional” the amendments to the National Assembly (Remuneration) Act through the Finance Bill 2011 which raised the MPs’ gratuity from Sh1.5 million to Sh3.7 million).

But in a letter to the PM on Friday, copied to Speaker Kenneth Marende and Salaries and Remuneration Commission chairperson Sarah Serem, Prof Muigai defended his move.

He said the mover of the Bill on Thursday, Lands Minister James Orengo stated the issues raised by Mr Odinga would be addressed at the Committee stage.

“I wish therefore to reassure you (the PM) that at no time was there any intention to rescind the undertaking I personally gave to you in the letter under reference and when we met at the Kenyatta International Conference Centre (KICC) on Thursday 24th May 2012,” Prof Muigai said.

He said withdrawing the entire Bill at this stage would jeopardise the other critical amendments to other legislation contained in the Bill, “some of which are already time out.”

“For instance those dealing with the transfer of powers from the AG to the DPP, the terms of TJRC, the Judges and Magistrates Vetting Board and the conduct of by election in Kangema constituency,” Prof Muigai said.