By Ally Jamah
Nairobi, Kenya: The Commission for the Implementation of the Constitution has hinted at seeking legal action if legislators unilaterally rise their salaries beyond what has been set by the Salaries and Remuneration Commission.
The fresh warning by CIC comes shortly after National Assembly Speaker Justin Muturi insisted MPs will be paid their “previous salaries” of Sh851,000 by the Parliamentary Service Commission and not the Sh532,000 set by SRC.
CIC chairperson Charles Nyachae on Monday said it would be unconstitutional and illegal for MPs to award themselves salaries in defiance of SRC recommendations.
He warned that CIC may take up the matter in court to defend the Constitution, which has given the SRC powers to set and review salaries of public servants.
He explained that the only option MPs have on the matter is to attempt to engage SRC to revise their salaries and benefits up. Nyachae said he expects some Kenyans may also go to court to challenge the move.
“The first thing is for everyone to accept SRC is the constitutional body with the mandate to set salaries of public officers. If we don’t accept that, then things become difficult,” he said.
Overstepped mandate
Muturi told our sister paper The Standard on Sunday the PSC, which he chairs, has the ultimate responsibility to decide the fate of MPs salaries and nobody could override it. He said until the SRC follows due process in repealing laws by which MPs are paid their salaries, PSC will continue doing its work of fixing salaries of legislators.
Muturi said PSC is of the view SRC overstepped its mandate by purporting to repeal an Act of Parliament through a Kenya Gazette notice.
