Raila tells off AG for tabling controversial Bill on MPs pay

Prime Minister Raila Odinga has clashed bitterly with Attorney General Githu Muigai over a controversial Bill that seeks to give MPs millions of shillings in allowances and gratuity.

In a terse letter, the PM accused the AG of insubordination and mischief and demanded that debate on the Miscellaneous Amendments Bill be stopped immediately.

“It has this morning come to my attention that in yesterday’s session of Parliament, you moved the said Bill before the house and attempted to have it passed by the National Assembly. This is despite your official confirmation to me that the Bill stood withdrawn,” the PM protested.

“It cannot be right that a formal and official undertaking is made to the Prime Minister by the Principal Legal Adviser to the Government and the same is negated in the surreptitious manner as has been done in this case,” he stated and asked Speaker Kenneth Marende to stop further debate on the Bill.

It would appear the AG’s move to initiate debate on the Bill caught the PM unawares as he (Prof Muigai) had assured Mr Odinga in writing that he had withdrawn it only two days earlier.

In his letter dated May 22, Prof Muigai had confirmed to the PM that the Bill stood withdrawn “to facilitate further consultations on the same.”

He had given a similar undertaking to Parliament last week, only to reintroduce the Bill on Thursday.

Surprisingly, even one of Mr Odinga’s most trusted allies, Lands minister James Orengo supported the Bill when it was moved by the AG on Thursday, arguing that the PM’s concerns would be addressed at the committee stage.

“After discussions with the AG, there are assurances that issues raised by the PM will be addressed at the committee stage,” Mr Orengo said.

Prof Muigai could not be reached to comment on the PM’s letter as his phone was switched off.

The latest tiff will severely test the working relations between the PM and the AG and by extension, President Kibaki’s wing of the ruling coalition as the country approaches the General Election.

The PM had on May 14 written to the AG criticising the amendments to the Finance Bill and further ordering him to withdraw the Miscellaneous Amendments Bill on grounds that it violated the constitution.

In the letter, Mr Odinga termed as “unconstitutional” the amendment to the National Assembly (Remuneration) Act through the Finance Bill 2011 which raised the MPs’ gratuity from Sh1.5 million to Sh3.7 million.

“The Salaries and Remuneration Commission has brought my attention to the amendments made to the National Assembly (Remuneration) Act through the Finance Bill 2011 authorising humongous payments to all members of Parliament,” he stated.

“These amendments are unconstitutional more particularly because they were done in contravention of the mandate of the said Commission and also in derogation of the constitutional provisions,” he warned.

“I do not recall any of these amendments being brought before the Cabinet for debate. In the premises, it is not clear on whose authority your office has presented these amendments to Parliament. Without a resolution of the Cabinet on this matter, these amendments must be deemed to be your own personal acts and not those of the Government,” he wrote.

He demanded that the Cabinet deliberates and takes a common position on the cases that have been lodged in court so far challenging the amendments.

“I therefore further order that you present to the Cabinet a memorandum for discussion of the position the Government should take in the constitutional petitions that have been filed challenging the constitutionality of the amendments passed so far,” he wrote.

The Salaries and Remuneration Commission had written to Mr Odinga, President Kibaki, Speaker Marende and the chairman of the Commission for the Implementation of the Constitution (CIC), Mr Charles Nyachae, expressing concern at the move by MPs to increase their gratuity from Sh1.5 million to Sh3.7 million by amending the Finance Act.

The Commission’s chair, Ms Sarah Serem, had also raised the red flag over the debate on the Miscellaneous Amendments Bill which also seeks to amend the National Assembly (Remuneration) Act to expand categories of members who may receive allowances to include the Deputy Speaker and members of the Speaker’s panel. It also seeks to backdate the allowances to July 2003.

Currently, only the chairperson, vice-chairperson and members of the Parliamentary Service Commission as well as chairpersons and members of departmental committees are entitled to the allowances.

If adopted, the deputy Speaker will for example, be paid Sh200,000 per month as responsibility allowance while members of the Speaker’s panel and the PSC commissioners will receive Sh100,000 per month.

The director of the Presidential Press Service (PPS) Isaiah Kabira promised to give the President’s stand on the matter after consulting him.

Mr Marende allowed the debate to proceed but promised to rule on the matter on Tuesday.

Mr Nyachae on his part threatened to move to court to overturn amendments to the Finance Act 2012 entitling MPs to the gratuity.

In a letter to Prof Muigai dated May 23, Mr Nyachae said the amendments were unconstitutional.

“In the circumstances, we are requesting that your office initiate a process of getting the Act amended, preferably through the Statute Law (Miscellaneous Amendments) Bill currently under review, to remove the offending provisions of the Act,” Mr Nyachae said. (READ: Raila opposes Sh3.7m MPs gratuity)