Ministers risk losing House seats in swearing-in dilemma
Clerk of the National Assembly Justin Bundi taking the oath of office. He said the law was clear that no State officer can assume two offices at the same time. Photo/FILE
What you need to know:
National Assembly clerk Justin Bundi said the tentative date for swearing in all legislators, including nominated members, was next week on Thursday.
Mr Bundi said the law was clear that no State officer can assume two offices at the same time.
Ministers who fail to take the oath could risk losing up to Sh707,500 monthly in perks that would accrue if they were elected as leaders of majority or minority parties, chairpersons of committees, members of the Speaker’s panel, chief whip or minority whip.
Cabinet ministers who have been elected into office as MPs or senators risk losing their seats and missing out on salaries if they are not sworn in within a month after the General Election.
National Assembly clerk Justin Bundi said the tentative date for swearing in all legislators, including nominated members, was next week on Thursday.
“The Constitution says elected MPs or senators must take their oath or affirmation of office within 30 days. Those who will not do so may find themselves in a tricky position unless they have a special case,” Mr Bundi said in a telephone interview. Elected officials losing their seats would lead to by-elections.
Prime Minister Raila Odinga on Wednesday asked Cabinet ministers who were elected as members of Parliament, senators or governors not to leave office until a new President is sworn in and a new Cabinet constituted.
Mr Odinga was responding to a directive from President Mwai Kibaki, through head of Public Service and Secretary to the Cabinet Francis Kimemia, that 22 Cabinet ministers and 19 assistant ministers who are holding elective positions should resign before they are sworn in.
Mr Bundi said the constitutional timelines had made the Independent Electoral and Boundaries Commission gazette the list of nominated senators who must be sworn in together with elected members.
Mr Bundi’s position could force the hand of ministers and their assistants who may have been swayed by Mr Odinga’s objection.
“It is only when they are sworn in that they start earning their salary from the date of the ceremony. I am not able to tell if there are ministers who will opt not to be sworn in,” he added.
Mr Bundi said the law was clear that no State officer can assume two offices at the same time. “They have to resign first before they hold another State office,” he said, adding that Kenyans could seek interpretation from the courts.
Ministers who fail to take the oath could risk losing up to Sh707,500 monthly in perks that would accrue if they were elected as leaders of majority or minority parties, chairpersons of committees, members of the Speaker’s panel, chief whip or minority whip.
An MP or senator who takes the oath of office as contemplated in Article 152 (3) and 77 (1) of the Constitution, would take home a monthly salary of Sh532,500, a responsibility allowance of Sh150, 000 and a committee sitting allowance of Sh160,000 if appointed to key House jobs.
A minister on the other hand, would earn Sh447,000 in basic salary and responsibility allowances per month.
According to the National Assembly Remuneration Act ministers enjoy a monthly basic salary of Sh200,000, a house allowance of Sh100,000, extraneous duty allowance of Sh67,000 and an entertainment allowance of Sh80,000.
Ministers, like MPs, lost a monthly pay of Sh650,000 in allowances with the dissolution of the 10th Parliament on January 14, 2013 but retained their monthly basic salary of Sh200,000. This will be paid by the Executive until a new government is sworn in.
Those who will contest for the top seats both at the Senate and the National Assembly, especially the slots of chairpersons or vice chairpersons of committees will earn more than ordinary members of committees.
According to the new salary scheme for State officers released by the Salaries and Remuneration Commission (SRC) led by Sarah Serem, chairpersons of committees would earn Sh10,000 per day of meetings, their deputies Sh8,000 and members Sh5,000 for up to a maximum of four sittings per week.
Apart from committee sitting allowance, the MPs are entitled to a weekly mileage allowance of up to a maximum of 52 weeks per year of the journeys between Nairobi and their constituencies, accommodation and subsistence allowance and a medical scheme with an inpatient annual cover of Sh10 million.
Thursday, Mukurweini MP-elect, Kabando wa Kabando resigned as an assistant minister. On Wednesday Special Programmes Minister Esther Murugi and Education counterpart Mutula Kilonzo stated their readiness to vacate office.
The confusion over the transition Cabinet follow Mr Odinga’s filing of petition against President-elect Uhuru Kenyatta.
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