Parliament suffers blow in salary row with SRC

By ISAIAH LUCHELI

The National Assembly yesterday suffered another blow yesterday when the High Court ruled that it does not have power or legal capacity to determine salaries, allowances, and other benefits for MPs.

High Court Judge Ngugi Mumbi, in her verdict, added that Parliament did not have powers to nullify the legal gazette notice by the Salaries and Remuneration Commission (SRC) and termed the action unconstitutional.

“The SRC did not violate any law or any principles when setting the salaries of the MPs. The SRC worked within its mandate as it is empowered by the Constitution to determine the salaries of public servants including the President,” ruled the Judge.

The pension scheme for former MPs was however spared when the judge ruled that the Pension Act and the Appropriation Act were in place properly.

The judge added that the court had jurisdiction to hear any suit filed against Parliament if it had contravened or violated the Constitution in the discharge of its mandate.

“The court has the mandate to look into the work of Parliament in the event that it violates constitutional provisions. The Constitution espouses powers among various state organs and any organ that acts contrary to the Constitution, the court will not hesitate to act,” said Mumbi.

She explained that in nullifying the legal notice by the Salaries Commission, the National Assembly had stepped into the arena reserved for the SRC as enshrined in the Constitution.

“Parliament should not be allowed to run roughshod over other arms of Government as this would lead to a breakdown of law and order in the country,” she said.

Activist Okiya Omtata had moved to court under a certificate of urgency calling for the blocking of the MPs from determining their salaries, arguing that there was a raging public debate on new salaries and benefits for MPs which were gazetted by the SRC.

He sought the court to issue a declaration that the salaries and allowances set and gazetted by SRC on March 1, 2013, was constitutional and valid.

Omtata argued that none of the MPs was being compelled to serve in that capacity and they are at liberty to vacate office and create room for more patriotic Kenyans if they were dissatisfied with the salaries and allowances as set by SRC.