SRC justifies decision to reduce MPs' allowances
President Uhuru Kenyatta addresses members of the 12th Parliament on September 12, 2017, during its official opening. MPs have opposed reduction of their allowances. PHOTO | RAPHAEL NJOROGE
What you need to know:
- The MPs accused SRC of seeking to cripple the functioning of the 12th Parliament.
- Lawyers TJ Kajwang’ and Peter Kaluma said the decision to reduce the sitting allowance was unreasonable.
The Salaries and Remuneration Commission on Wednesday defended the move to reduce sitting allowances for MPs, arguing it acted within the law.
While urging the High Court to dismiss a case filed by Parliamentary Service Commission (PSC), SRC, through lawyer Andrew Wandabwa, said MPs cannot be allowed to decide whether their salaries should be determined by the commission.
Lawyer Wandabwa further said the lawmakers had filed the case in the wrong court, hence the matter should be handled by the Employment and Labour Court.
PSC
Mr Wandabwa told Justice George Odunga that SRC held extensive consultations before the notice setting the allowances was published.
“They raised the same issues they are raising now. If they are unhappy with the decision, this is not the forum to argue the case,” he said, adding that the MPs would be handed a blank cheque if the court was to rule in their favour.
The argument was supported by Senior Counsel Nzamba Kitonga for the Law Society of Kenya, who asked the court to dismiss the case.
The PSC moved to court last year seeking to quash a gazette notice that reduced members’ sitting allowances and other benefits.
GAZETTE NOTICE
The MPs accused SRC of encroaching on the constitutional mandate of the PSC and seeking to cripple the functioning of the 12th Parliament.
The gazette notice was published on July 7, 2017, and among other things, abolished car grant, reduced the number of sitting allowances for plenary sessions as well as allowance for committee meetings.
It also abolished reimbursable mileage allowance. The High Court temporarily stopped the implementation of the gazette last December pending the determination of the case.
Lawyers TJ Kajwang’ and Peter Kaluma said the decision to reduce the sitting allowance was unreasonable because SRC ignored relevant considerations and the law.
They said the action was also discriminatory and malicious “because it goes against the legitimate expectations of the MPs”. The case will be mentioned on May 17.
