Igembe MP Mithika Linturi (pictured) filed a notice of intention to present a 10-point petition containing charges that may culminate in the investigation, suspension and subsequent removal of members of Salaries and Remuneration Commission. Photo/FILE/JENNIFER MUIRURI
What you need to know:
Igembe MP Mithika Linturi filed a notice of intention to present a 10-point petition containing charges that may culminate in the investigation, suspension and subsequent removal of chairperson Sarah Serem and 12 other commissioners.
President Uhuru Kenyatta could suspend the Salaries and Remuneration Commission (SRC) members in three weeks if Parliament next Tuesday approves a petition seeking to remove the commissioners over MPs’ pay cut.
Igembe MP Mithika Linturi filed a notice of intention to present a 10-point petition containing charges that may culminate in the investigation, suspension and subsequent removal of chairperson Sarah Serem and 12 other commissioners.
Mr Linturi, in a notice to the National Assembly Speaker Justin Muturi dated April 17, argued that the commissioners violated numerous sections of the Constitution in setting the new salaries for elected State officers and should be “removed for gross misconduct.”
The Standing Orders require a member seeking to present a petition to the House to notify the Speaker through the Clerk’s office two days before moving it.
“Under Article 94 (5) of the Constitution, no person or body other than Parliament has the power to make provisions having the force of law in Kenya, except under authority conferred by this Constitution or by legislation,” said Mr Linturi while quoting the supreme law.
Mr Linturi claimed that by gazetting the new salaries, the SRC illegally amended the Pensions Act, the National Assembly Remuneration Act, the Parliamentary Service Commission Act and the Appropriation Act, which contain salaries of MPs and other state officers.
“The SRC ignored and disregarded the provisions of the National Assembly and Remuneration Act, particularly sections 2, 34 and 5. I find this a breach of law and gross misconduct,” he said.
If the Speaker approves the petition, Parliament will debate the same for 30 minutes on Tuesday and approve or reject it.
Thursday, SRC declined to comment on the issue citing a constitutional reference sought by an Embu County official on the legality of its fixing remuneration of State officers. The case was on Wednesday referred to the Industrial Court and will be mentioned Friday.
If the petition is allowed, it will be forwarded to the Labour and Social Welfare Committee for scrutiny, with a report to be presented to the full House within 14 days.
If the House unanimously endorses the committee report, the Speaker will forward the recommendations to President Kenyatta — who has cautioned MPs about seeking higher salaries — who may then suspend the commissioners and the chairperson and appoint a tribunal to investigate their conduct.
“My main issue is to point out the unconstitutionality of what SRC has done. I am very aware that the SRC has constitutional mandate to set salaries of State officers but this has to be done within the constitutional confines and the rule of law,” he added.
The commission has been at loggerheads with elected State officers from October last year when it declared unconstitutional the hefty send-off pay package for the 10th Parliament legislators. This led former President Kibaki to refuse to assent the Statute Law (Miscellaneous Amendment) Bill 2012, which contained the package.
SRC, established under Article 231 of the Constitution, embarked on the review of salaries and published the new pay structure on March 1. It reduced the President’s pay to Sh1.2 million from Sh2.4 million.
In effecting the pay cut that also saw all allowances pegged at 40 per cent, SRC said the current wage bill is unsustainable and had critical economic implications on the budget.
President Kenyatta on Tuesday asked all arms of government to help reduce the wage bill, which stands at Sh418 billion or 12 per cent of the GDP.
Mr Linturi said Ms Serem should have presented the pay cut proposals to the National Assembly for ratification before publication into law.
“Why did they reduce the salaries of MPs and increase that of SRC chairperson and office holders who earn over 1.2 million?” he asked.
Mr Linturi said the commission should have looked at the reports of Justices Majeed Cocker and Akilano Akiwumi, which recommended higher pay for MPs.
He said had the commission published in advance the new salaries, majority of MPs, senators or governors who left well-paying jobs would have opted not to contest in the March 4 polls.
“MPs work 24/7. When they leave the chamber at 6.30pm, they receive calls and attend to constituents all night. But when SRC and the Constitution Implementation Commission (CIC) headed by Charles Nyachae leave office at 5pm, the calls they receive is either from boyfriends or girlfriends,” he said.
