Make-or-break for House payroll team

By ALLAN KISIA and GEOFFREY MOSOKU

KENYA: The swearing-in of members of the Parliamentary Service Commission (PSC) on Monday is set to bring the raging controversy over salaries of members of Parliament to a dramatic head this week.

PSC, which is headed by National Assembly Speaker Justin Muturi must decide early whether to sign off a monthly salary of Sh532,000 for each MP or to pay Sh850,000 demanded by MPs and set off a  constitutional battle in the courts.

The lower figure was set by the Salaries and Remuneration Commission (SRC) on March 2 as part of a general downward review of public wages affecting senior government figures.

But MPs elected two days after the order have objected strongly and made it the first business of the House to censure the SRC chairperson Sarah Serem while attempting to dissolve the commission and overturn its review of House pay.

Members of both the National Assembly and the Senate have gone without pay for the past three months in anticipation of an upward adjustment but this now seems to hang in the balance.

Kenyans will be watching closely to see whether the PSC will pay MPs the previous salaries and ignore warnings by the SRC and the Constitution Implementation Commission (CIC) against paying the higher salaries.

The warning from SRC and CIC came last week soon after MPs approved a Motion to revoke legal notices that reduced their monthly salary from Sh851,000 to Sh532,000.

On Thursday, the High Court issued an order suspending the revocation of the legal notices until a suit filed before it is heard.

Face charges

However, PSC members responded that they couldn’t be punished for implementing a resolution by the full House, setting the stage for a landmark confrontation.

The MPs have said the first business for PSC commissioners will be to approve that each legislator be paid Sh850,000 monthly salary backdated three months.

They cite the National Assembly Remuneration Act as giving the power to review their salaries.

Muturi has dismissed the threat of any charges being levelled against him.

He said: “We will deal with that matter when we get there,” when he was asked if the threat to sue for the payment will deter Parliament from implementing the report from the committee on Delegated Legislation.

During debate before Parliament adjourned last week, Committee on Delegated Legislation Chair William Cheptumo told the House that SRC had broken the law by failing to submit the gazette notice to Parliament for approval.

The Cheptumo report authorised that the PSC uses the National Assembly Remuneration Act to pay the MPs the lump sum.

All MPs have not been paid since they were sworn into office and are expecting to be paid backdated salaries once the PSC grants the approval.

Last week High Court judge David Majanja restrained State organs, commissions, independent offices, State and public officers from increasing pay of the MPs. Justice Majanja issued the orders following a public interest suit filed by the Law Society of Kenya (LSK) under a certificate of urgency.

The PSC commissioners have insisted that they cannot be punished over a collective decision by Parliament.

The commissioners will be sworn-in starting at 9am at the Continental House in Nairobi.

Led by Muturi, the PSC commissioners include the Clerk of the Senate Jeremiah Nyegenye, who is the secretary.

Others are MPs Jimmy Angwenyi, Adan Keynan, Regina Changorok and Gladys Wanga, as well as Senators Beth Mugo, Sammy Leshore and David Musila. The nine members of PSC were warned last week that they would face abuse of office charges as individuals if they approved higher pay for MPs.

The PSC is charged with preparing annual estimates of expenditure of the parliamentary service and submitting them to the National Assembly for approval, and exercising budgetary control over the service.

It is also mandated to provide services and facilities to ensure the efficient and effective running of Parliament and to perform functions necessary for the wellbeing of the members and staff of Parliament among other duties.

Illegal payments

Committee member Changorok earlier indicated the Motion was a decision of Parliament and as a PSC member she will discharge her duties in accordance to Parliament’s decisions once they are sworn in as commissioners.

Wanga, who is the Homa Bay women’s 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.

The SRC has indicated that Nyegenye, who is the chief accounting officer of Parliament, will be held responsible for illegal payments to MPs.

The MPs have also threatened to sabotage the budget should they not get the increased pay but Parliament could lose legitimacy should members of the National Assembly make good their threat to sabotage the budget process.

According to executive director of the International Centre of for Policy and Conflict (ICPC) Ndung’u Wainaina, the Constitution provides a recourse if the House fails to pass the budget.

Last week, MPs Jimmy Angwenyi (Kitutu Chache North), Mithika Linturi (Igembe South), John Mbadi (Suba) and Bare Shill (Fafi) announced their plans to hit back over their salary stalemate by slashing budgetary allocations.

However yesterday, Wainaina said such a move would be tantamount to the legislature abrogating their duties, which could be seen as a violation of the Constitution.

Although, the law does not expressly provide for the dissolution of the entire house, the ICPC boss argues that individual Kenyans can initiate a process of getting a million signatures and petition the High Court.

“The core function of Parliament is representation and legislation. Besides enacting laws, the budget is the only link that helps connect the realisation of these laws through with service delivery. The interest of their electorate are taken care of by passing laws that accrue direct benefit and pass allocation of budget to crucial sectors,” he added.

Although experts warn that the recall route may not be easy, Wainaina argues the High Court can declare that Parliament is unable to perform its duties and thus MPs are unfit to continue to be in office.