MP sets stage for battle over pay

MPs’ battle with the salaries commission over pay goes to the floor of the National Assembly next week.

One of them is expected to present a petition for the disbandment of the salaries team.

Igembe South MP Mithika Linturi has filed the petition with the Clerk of the National Assembly in which he wants Parliament to endorse the removal of the chairperson and members of the Salaries and Remuneration Commission.

His key arguments are that the chairperson, Mrs Sarah Serem, has violated, breached, infringed and threatened the Constitution. Mr Linturi cites the Preamble and several Articles in the Constitution, which, he says, Serem’s team has violated.

Article 251 says that a member of a commission or a holder of an independent office may be removed only for serious violation of the Constitution or any other law, gross misconduct, physical or mental incapacity, incompetence or bankruptcy.

The salaries commission set a new pay structure under which county governors will earn Sh640,681 while Senators and MPs will earn Sh532,500 in the first year.

Last week, MPs signed a resolution, which the Parliamentary Service Commission (PSC) will use to negotiate better terms with Mrs Serem’s team.

PSC has a representative in the salaries commission.

Among their options is that PSC negotiates to reinstate their monthly pay and perks to Sh851,000 as was the case in the last Parliament.

Distorting salaries

Mr Linturi argues that the salaries team breached the Constitution by “structurally and fundamentally” distorting the salaries of State officers.

“The commission disregarded the principle of transparency and fairness. It discriminated against members of the National Assembly, county representatives, women representatives and governors,” says the Igembe South legislator in the petition due to be officially put before Parliament on Tuesday.

He says the commission misinterpreted the pay review contemplated by Article 230 (4)(a) to mean reduction, downgrading and removal instead of enhancing the salaries of State officers.

The petition comes against the backdrop of an agitation by newly elected MPs for a salary increase.

During their induction workshop at Safari Park Hotel last week, the MPs listed their grievances about their pay package and signed a resolution, which was later fine-tuned for “proper presentation.”

They argued that the salaries commission failed to follow due procedure in reviewing their salary structure. The MPs have indicated that they would be comfortable with the pay package enjoyed by their predecessors.

The petition received by the Clerk of the National Assembly on Thursday was drafted within the meaning of Article 251 (1) of the Constitution and which outlines the procedure of removing a member of a commission from office or holder of an independent office.

Mr Linturi, a TNA legislator serving his third parliamentary term, says in the petition that he is aggrieved by the actions of the salaries team.

He says Article 41 of the Constitution protects free labour relations and argues that the SRC cannot vary or reduce the salary of a State officer to his disadvantage.

“MPs work 24 hours, seven days a week,” he told the press at Parliament Buildings.

He further argues that the commission has breached the value protected by Article 43 of the Constitution, which protects the social security of a State officer.