MPs pass Motion to overturn SRC notice slashing their pay

By GEOFFREY MOSOKU

Kenya: Members of the National Assembly last evening unanimously approved a Motion they believe rescinds a decision by the Salaries and Remuneration Commission (SRC) to reduce their salaries.

The MPs attacked the Sarah Serem-led SRC, accusing it of ranking them lower than some State officers they have an oversight role over.

They did not spare other critics of their campaign for higher salaries such as the Commission for the Implementation of the Constitution and the Civil Society.

The MPs quashed gazette notices 2885, 2885, 2887 and 2888 dated February 28, 2013 and published by the SRC in the Kenya Gazette of March 1, 2013 terming it unconstitutional, ultra vires and therefore null and void.

 Chairman of the Committee on Delegated Legislation William Cheptumo took over 25 minutes to explain to MPs how, in the committee’s view, SRC had ‘broken’ the law by reducing their perks.

“The Constitution provides general principles of the SRC and the Act of Parliament provides mechanism of its operations,” he said.

Cheptumo tore into the SRC for ignoring various communications from former Speaker Kenneth Marende calling for consultations and reports of commissions that had set the MPs’ perks.

The Baringo North MP queried the wisdom of SRC to award governors Sh640,000 in salary, yet members of the county assemblies will earn a paltry Sh79,000 as MPs shouted shame, shame, shame.

While seconding the Motion, Homa Bay Town MP Peter Kaluma hit at the Serem Commission for what he termed as discrimination of MPs.

“It’s a pity that it is only in Kenya where elected MPs go for three months without pay,” Kaluma said while likening the work of SRC to an amateur commission.

“The commission is like an untrained butcher with a knife who doesn’t know where the intestines and thighs are but wants to slaughter a bull; he will end up serving matumbo mix.”

MPs Mithika Linturi, Mary Emase, Ali Wario and Chris Wamalwa also supported the report, terming SRC’s move a deliberate plot to undermine MPs. At one point during the debate, Nyandarua Women Representative Wanjiru Muya stood on appoint of order to claim that the countrywide blackout experienced during the debate was a conspiracy between Kenya Power and Ms Serem to deny Kenyans an opportunity to follow the debate.

Deputy Speaker Joyce Laboso ordered parliamentary clerks to check if indeed it was a conspiracy and report to her.

“Serem has violated the law right, left, north, south and central and it’s time she is told so,” Wario (Bura) said.

Linturi added: “This Parliament has a duty to work within the Constitution to rescue our country from civil society. Would this be a conspiracy by the Executive to intimidate and emasculate Parliament,” he queried.

Suba MP John Mbadi accused the SRC of breaking the law by doing away with the pension scheme of MPs while also hitting at CIC Chairman Charles Nyachae for contempt against Parliament.

Higher salaries

“This House is under siege and as MPs we must now rise to restore its dignity, we can not allow people outside Parliament to control us,” he said.

Mbadi told President Uhuru Kenyatta, his Deputy William Ruto and even former Prime Minister Raila Odinga, who have criticised the legislators’ push for higher salaries, to keep off the debate.

Kitutu Chache North MP Jimmy Angwenyi accused SRC of violating article 28 of the Constitution that accords every person the inherent right to dignity.

Angwenyi descried SRC as the most incompetent commission, accusing it of exposing Parliament to ridicule by portraying them as greedy.He cited various provisions of the Constitution among them article 28, which gives every human an inherent right to a dignified treatment, saying MPs too deserve the same rights.

“This is the most incompetent commission in the country and they must be told so,” he added.

Minority Deputy Leader Jakoyo Midiwo accused Serem of incompetence, saying that she got her job not because she was qualified, but due to regional balance.

 “This issue of regional balance should be relooked at so that we can consider merit when approving some of these names,” Midiwo, who sat in the budget committee of the Tenth Parliament that recruited Serem when she was ranked number five in the interviews, said.

He also hit at CIC chairman Charles Nyachae for telling off Parliament over threats to degazette the notice and asked him to refer to the Ringera and PLO Lumumba fate in the hands of the 1Oth Parliament.

Following the approval, MPs will now revert to the National Assemblies Remuneration Act, which set their salaries at Sh851,000 and not the 532,000 that SRC had proposed.

The Motion was adopted even as sources indicated that Serem had met National Assembly Speaker Justin Muturi and members of PSC last Friday to discuss ways of reaching a consensus.