How we'll win pay battle: MPs

Parliament digs in for its third major money battle against the Treasury next week, with MPs basking in self-belief that nothing will stop them from getting the proposed hefty perks before the August 4 referendum.

Their game plan is straightforward: Shoot down all government motions, Bills and policy papers, including the Finance Bill and the Appropriations Bill.

As a result, the government will be starved of money such that unless and until the new pay package is legalised they will cripple government activities. This has to be done before the referendum.

Besides, now that they don’t want to go on recess, they are also determined to quietly campaign against the proposed Constitution, if the government doesn’t budge.

The pressure on government — the leverage for the lawmakers — is the August 31 deadline for approving the Appropriations Bill, to allow the government to legally draw money from its coffers.

Gwassi MP John Mbadi told the Saturday Nation: “MPs can’t lose right now, unless they just relent. There has never been a precedent where an MP’s income has been reduced.”

This sentiment echoes that of a senior Cabinet minister involved in the budgeting process who was heard telling his colleagues to “sit tight” because “lazima utoke na kitu, kwa sababu hujui kama utarudi” (You’ve got to get something, because you aren’t sure you’ll get re-elected).”

Mr Mbadi, who sits in the powerful Public Investment Committee, likened the taxation sword looming over their heads to an attack on Parliament.

“We are just being careful about our welfare. When your home is invaded, hata kama sina nguvu si nitapigana? (Even if I am weak, I’ll fight back)” he said.

PSC vice-chairman Walter Nyambati was keen to point out that the perceived salary increment was money the tax-man was coming for immediately MPs join other Kenyans in paying tax. His argument is that it would be unfair for MPs’ salaries to start being taxed midway through their contract.

The MPs earn Sh851,000 a month. Although Attorney-General Amos Wako is said to have assured them that they should pass the salary reviews to affect the next Parliament, the MPs are awake to the fact that should the proposed constitution pass, they would not be exempted from paying tax.

Ikolomani MP Boni Khalwale, the chairman of Public Accounts Committee, called for an “immediate” end to the pay increase debate. He wants Finance minister Uhuru Kenyatta or Mr Wako to fast-track amendments to the law so they can get their perks.

He remained cagey when asked about the move to shoot down government Bills saying “the media was way ahead of the process”.

“I haven’t been in Parliament the whole week, so I don’t know what my colleagues have planned,” he told the Saturday Nation.

Joint government whip Jakoyo Midiwo has since said that MPs “were angry with the government” for bowing to public pressure against their perks. This anger is likely to show as MPs, beginning next week, go on defeating government Bills and motions.

The first casualty was the adjournment motion that sought to free MPs from House business to allow them to concentrate on the referendum campaigns.

A senior Parliamentary officer said MPs were intent on arm-twisting the Treasury into releasing the money.

The last card that the MPs have is to kibosh the Appropriations Bill.

Because, this means the government will only have money to spend until December 2010. Already, as per clause 101 of the current Constitution, Parliament has already approved half the Budget to keep the government running for up to six months.

After that, even with money in the Treasury, the government won’t be able to access it — at least not legally — until Parliament approves the Appropriations Act.

The referendum campaigns are also part of the bargain that MPs have with the President: Let’s have our way and we’ll support this proposed Constitution. Otherwise, we’ll stay right here and campaign against it.

The President sent Mr Kenyatta and the AG to show solidarity with them and assure them that their salaries won’t be cut even when the new law comes into effect, but the MPs didn’t buy that.

For now MPs hold all the cards against Kenyans. But if and when the proposed constitution sails through after the August 4 referendum, the tables will turn and Kenyans will let out a collective jubilant “checkmate”!