Uproar over MPs’ send-off perks

The government chief legal adviser on Friday urged President Kibaki to reject two Bills proposing hefty send-off packages for MPs.

Attorney-General Githu Muigai in a Twitter post said the President should not sign the proposed law since he had rejected a similar one earlier.

In October, President Kibaki refused to assent to Finance Bill, which amongst others gave MPs a generous gratuity, saying the increments were unaffordable and unconstitutional.

“H E the President Kibaki should not sign the new Bill about the golden handshake since he rejected it earlier,” Prof Muigai said.

The AG spoke as outrage continued to greet the move by MPs to award themselves Sh9.3 million each. (READ: MPs agree Sh9.3m send off pay)

Besides, all the 42 Cabinet ministers and the 55 deputies will leave office with a driver paid for by the taxpayers.

On Friday, two constitutional bodies wrote to the President asking him to reject the Presidential Retirement Benefits (Amendment) and the Retirement Benefits Bills.

Commission for the Implementation of the Constitution (CIC) and the Salaries and Remunerations Commission (SRC) termed the move unconstitutional.

CIC Vice Chairman Elizabeth Muli said the act amounted to the Parliament usurping the powers of the salaries commission.

“SRC is the only constitutional organ mandated to set and review remunerations for all state officers,” said Dr Muli. 

CIC put Finance Minister Njeru Githae on notice that should the President assent to the Bills, “the commission shall proceed to court to have the laws declared unconstitutional.”

The salaries team said the perks would occasion an unnecessary burden on the taxpayer, and added that it would be untenable to finance the extraneous expenses that come with the proposals in the Bills.

“It was untenable in October when the first perks were approved and it is still untenable now,” said SRC chairman Serah Serem at a press conference.

Ms Serem said if the President assents to the Bills, it will result in additional cost to the consolidated fund— thus burdening the taxpayer.

Prime Minister Raila Odinga also condemned the move by MPs terming it an act of treachery by the Parliament.

He said the recommendations of the Bills are “unacceptable, unjustifiable and border on criminality”.

“In a nation struggling with hunger, insecurity, unemployment, wanting health services, rising cost of education and numerous other shortcomings, I find no words to explain and justify the proposed packages to our suffering citizens,” Mr Odinga said in a statement.

The PM said the MPs were attempting to blackmail, arm twist and even bribe the Executive in order to have their way.

“I am consulting with the President on this matter to ensure that we do the right thing for the people of Kenya,” he said.

Deputy Prime Minister Uhuru Kenyatta also rejected the retirement emoluments, saying his time to retire had not yet reached.

In a statement sent through his spokesman Munyori Buku, the DPM called for its removal, but said President Kibaki, the VP and PM should get their benefits because their time to retire is nigh. Mr Kenyatta said during his tenure at Treasury, he twice opposed similar attempts by MPs.

Nairobi lawyer Nzamba Kitonga said the Controller of Budget had powers to stop any illegitimate payments from the Exchequer.

Presidential aspirants Martha Karua and Peter Kenneth and MPs Ephraim Maina (Mathira) and Kiema Kilonzo (Mutito) also opposed the move by the MPs.

A cross-section of human rights’ groups led by Kenya Human Rights Commission Executive Director Atsango Chesoni urged the public to turn up in large numbers to protest against the proposed perks at Nairobi’s Uhuru Park on Monday from 9am.

“We demand that the country’s resources be directed at addressing the critical security situation and ensuring peace for our women, men and children in the Tana Delta, Baragoi and Mathare,” Ms Chesoni said.