LSK decries MPs move to disband Salaries team
What you need to know:
- LSK Chairman Eric Mutua said the High Court should rule on whether Parliament has powers to make and interpret laws.
- He decried attempts by elected representatives from the Senate, National Assembly, Governors and County Representatives to dictate and determine their remuneration.
The Law Society of Kenya (LSK) will move to court seeking Constitutional interpretation over salaries demanded by elected leaders.
LSK Chairman Eric Mutua said the High Court should rule on whether Parliament has powers to make and interpret laws.
“We (LSK) have written to the Speaker of the National Assembly (Justin Muturi) expressing concern on this dangerous trend by the 11th Parliament,” he said.
He warned that unless the Speaker pronounces himself in accordance with the law, LSK would move to court in line with the Constitution.
“The bullying tactics employed by Parliament to send home the Salaries and Remuneration Commission (SRC) for performing its constitutional roles is wrong,” he said.
He decried attempts by elected representatives from the Senate, National Assembly, Governors and County Representatives to dictate and determine their remuneration.
“The supreme law ended the era when elected leaders could use their muscle to illegally determine their remuneration.
“Parliament is overstepping its mandate and usurping powers from the Judiciary, which is empowered to interpret the law,” he added.
Mr Mutua said the rule of law must be followed arguing that the Constitution – as the supreme law - must not be watered down.
“Constitutional bodies like SRC must be protected when undertaking their roles and mandate,” he said.
The SRC, which has powers to determine the pay of public officers set MPs salary at Sh532,000 from Sh851,000 earned by Members of the 10th Parliament.
Mr Mutua said Article 251 of the Constitution provides reasons that may send a commissioner or holder of an independent body home.
“The major reasons include serious violation of the Constitution or any other law, gross misconduct, physical or mental incapacity, incompetency or bankruptcy,” he said.
The LSK had recently called on the Speaker of the National Assembly to determine whether debating the motion to send SRC home is constitutional.
“SRC is a Constitutional body and can only be dissolved following a referendum as provided in the supreme law,” he added.
