The Salaries and Remuneration Commission has said Clerks of Parliament risk being liable for abuse of office and misuse of public funds if they effect higher pay for MPs.
SRC chairman Sarah Serem warned the National Assembly Clerk Justin Bundi and the Senate Clerk Jeremiah Nyegenye could be held responsible for "abuse of office and aiding the misuse of public funds" if they pay MPs more than is prescribed in the Gazette Notice.
"The Constitution provides for setting of salaries for State Officers and that is what we did," Ms Serem said during a news conference at SRC's offices in Nairobi Wednesday.
Ms Serem said the commission published the notice setting State Officers pay in good faith.
"SRC was not required to gazette the notice. We did it as good practice and for public information," she said.
The SRC thanked President Kenyatta and his deputy William Ruto for pushing for a low wage bill in the public sector.
Ms Serem said the idea behind the move was to allocate more money to development.
The commission's warning comes a day after MPs made a unanimous resolution to revoke the Legal Notice of the Salaries and Remuneration Commission.
The MPs adopted a report of the Committee on Delegated Legislation, which had recommended the revocation of the Legal Notice published in the Kenya Gazette on grounds that the salaries commission violated the law. That legal notice had set the monthly pay for the lawmakers at Sh532,500.
Deputy Leader of Minority Party Jakoyo Midiwo told Parliament’s administrators to ensure that from Tuesday night, after the revocation of the Legal Notice, they process the pay for the MPs calculating it at Sh851,000 according to the National Assembly and Remuneration Act.