CIC accuse MPs of 'unwarranted attacks'

The Commission for the Implementation of the Constitution (CIC) has accused MPs of “unfairly” attacking it and its chairman Charles Nyachae. Read (MPs vow to shoot down tax Bill over perks)

In a statement published on Sunday dailies, the Commission said that it was concerned by “the pattern of unwarranted attacks” by a section of parliamentarians on account of the CIC position on a number of issues.

“The latest attack arose from CIC’s position on the move by MPs to fix and increase their allowances in an unconstitutional manner. This conduct by MPs is unacceptable and must not be entertained by Kenyans,” the statement said.

It further said that the Commission had brought to the attention of Kenyans, the MPs’ unconstitutional act and asked the President not to assent to the section of the Finance Bill that granted the parliamentarians a gratuity amounting to Sh2 billion.

CIC said that MPs should not attack it as it was only fulfilling its mandate of monitoring, facilitating and overseeing the implementation of the Constitution.

It added that in granting themselves the hefty bonus, MPs usurped the mandate of the Salaries and Remuneration Commission (SRC) in violation of Article 230(4) of the Constitution.

“We would like to reiterate our position that it is not the mandate of Parliament to determine their own remuneration. Their diversionary argument on amounts of monies paid to the chairperson of the CIC or any other person is a deliberate effort to divert attention from their unconstitutional actions,” the statement signed by all Commissioners other than Mr Nyachae.

The MPs are bitter that most of the commissioners in constitutional commissions earn more than them, yet it is the MPs who vetted and approved their appointment.

They said in parliament last week that the CIC commissioners had rejected salaries of Sh400,000, and arm-twisted the Treasury into paying the chairman Sh1.24 million.

But the Commission in its statement said that their remuneration was arrived at as is provided in law enacted by Parliament.

It added that the discussion on the salaries of all state officers is legitimate and which must take place as the core mandate of the Salaries and Remuneration Commission.

“This Commission must be allowed to undertake its constitutional responsibility without interference. CIC’s track record on ensuring the Constitution is not violated is clear. From when CIC came into office in January 2011, CIC has not shied away from raising issues of violations of the Constitution whether committed by the Executive, Parliament or any other institution. CIC will not relent in carrying out this part of its mandate without fear or favour for the benefit of the people of Kenya,” the statement said.

It added that Mr Nyachae is the Commission’s spokesperson and speaks with the full authority and has the full confidence of all CIC members.

It added that any attempt to personalise the official views expressed by the CIC chairman “lacks substance, is misguided and is meant to intimidate CIC and other independent offices.”

“CIC wishes to remind the people of Kenya that all State officers, including MPs are not exempt from the rule of law and that the Constitution is supreme and binds all. In this respect any attempt by Parliament to blackmail state organs by threatening not to pass any laws unless MPs’ demands are met is both unconstitutional and an abuse of power,” the statement said.