AG withdraws draft law on MPs' pay

Attorney General Githu Muigai has withdrawn the controversial draft law that seeks to raise the perks for MPs owing to queries over the constitutionality of the amendments

Prof Muigai said this moments after temporary Deputy Speaker Gitobu Imanyara ordered that he sheds light on the questions of constitutionality raised by Prime Minister Raila Odinga and a host of MPs “who are fairly knowledgeable on matters finance and law”.

The Salaries and Remuneration Commission, the AG said, had also asked that all issues touching on the remuneration of MPs and other constitutional office holders be left out of the Statute Law (Miscellaneous Amendments) Bill, 2012.

The Bill carries amendments to laws, which are not as substantial, to warrant a specific Bill.

"It is our commitment to proceed complete within the Constitution and the law. If there’s any question, even a borderline issue, we’ll have those issues placed aside, as the Bill contains other issues that we have to proceed with,” said Prof Muigai.

“There will be sufficient consultation over the weekend,” said the Attorney General.

As Prof Muigai spoke, John Mbadi (Gwassi) said the Finance Act, 2012, which was passed and includes a Sh3.7 million gratuity, will also have to be revisited.

Mr Mbadi said that though the matter had been discussed and approved by Parliament, the AG needed to make it “clear” to the MPs that there are no questions of constitutionality in the move.

The AG replied: “Once we unlock debate on this Bill, we’ll be willing to look at this matter of the Finance Act."