Wanga, the Homa Bay Women Representative, said Parliament is a supreme and independent organ of the State that cannot be sued.
She added that the Clerk could not receive instructions from the SRC since it is not his employer.
“This is a decision by Parliament and can she (Serem) sue Parliament? She can move to court to seek interpretation but not purport to sue Parliament. How can SRC give instructions to the Clerk who is not their employee?” Wanga added.
President Uhuru said: “I urge Parliament to engage the Salaries and Remuneration Commission in a constructive manner with a view to resolving this matter.”
Threat by CIC
But the President clarified Parliament’s action has had no consequence on other officers: “For the avoidance of doubt, all State officers in the Executive will continue to abide by the determination of SRC,” Uhuru added.
The Speaker could not be reached as he is on official tour abroad. But earlier, when informed of the threat by CIC, he had told The Standard: “We will cross the bridge when we get there.”
Nyegenye could not be reached as he is said to be with the Speaker.
Muturi is expected to return today to chair the PSC meeting after the swearing in of the commissioners.
Yesterday, Serem insisted the SRC is the only body mandated by the Constitution to set the salaries of all State officers, terming the MP’s move an exercise in futility.
“Anybody who acts outside the law in pursuant of payment will have acted unlawfully and faces the risk of being held liable for abuse of office and aiding the misuse of public funds,” she said.
The SRC boss, however, did not specify if it would be the entire PSC or the Clerk of Senate who is PSC secretary who will be cited for breaking the law.
“There is a recourse in the law for anybody who goes against the Constitution and there are bodies mandated to act,” Ms Serem told journalists in her office yesterday.
An SRC commissioner later told The Standard that as the chief executive officer of the PSC, Mr Nyegenge is the chief accounting officer of Parliament and thus will be held responsible for illegal payments to MPs.
The Committee on Delegated Legislation chairman, William Cheptumo yesterday maintained Parliament’s decision was final and MPs will be paid the previous higher salary.