Salaries team launches quest for full-time jobs

The Salaries and Remuneration Commission (SRC) has kicked off a storm with demands for full-time jobs for its members, citing a huge workload and strenuous work schedules as it moves to instil pay perks sanity in the public service.

The SRC is seeking an amendment to the Salaries and Remuneration Act 2011 to have its chairperson and half of the 14 commissioners appointed on permanent terms.

“The workload handed to us on part-time basis was under-estimated. The rot we need to deal with is overwhelming and some commissioners have to be given permanent jobs to deal with the situation,” said one commissioner who spoke on condition of anonymity. “Handling this task on a part-time basis cannot allow us to do a good job,” he said while confirming that the proposed amendment is expected to be tabled in parliament soon.

The proposed changes have however triggered a major row that insiders say now threatens to cripple the commission’s operations because the remaining half of the commissioners would continue to serve part-time. This would technically mean that they not count for quorum purposes. “The Salaries and Remuneration Commission is now divided down the middle because what the proposed amendments mean is that the commissioners serving under Section 230(2)(b) can make decisions without the concurrence of the commissioners under Article 230(2) c, d and e,” the Federation of Kenya Employers (FKE), the Central Organisation of Trade Union (Cotu) and the Federation of Professionals in East Africa (FPEA) said.

The institutions represent trade unions, employers and a joint forum of professional bodies and have rejected the planned changes terming them “un-procedural”.

They said the amendments would render the non-government nominees irrelevant in decision making given that the quorum provided for under Section 3 of the second schedule of the Act is half of the appointed commissioners.

“The total number of commissioners appointed is seven, eight including the chairperson. This means that they can transact business on their own without regard to the representatives of the unions and employers,” the trio said in a joint statement.

SRC chairperson Sarah Serem Monday declined to discuss the proposed changes, but promised to do so today. “I’m currently away but would not mind to walk you through the whole issue tomorrow (Tuesday) so that you get to appreciate our position,” she said on phone. Opponents of the amendments reckon that it would trigger a conflict of roles between the commissioners and the secretariat of the SRC and propose that the SRC continues to carry out its mandate through committees.

The SRC is established under Article 230 of the Constitution and has powers to set and regularly review the salaries and benefits of all public officers as identified in Article 260 of the Constitution. Its mandate is to ensure that the total public compensation bill is fair and fiscally sustainable.

The 14 commissioners mainly represent public institutions such as the Parliamentary Service Commission (PSC), the Judicial Service Commission (JSC), the Teachers Service Commission (TSC), the National Police Service Commission (NPSC), the Defence Council and the Senate, on behalf of the county governments. Besides the three representatives mentioned above, there are also three ex-officio slots to be filled by nominees of the Cabinet Secretary responsible for Finance, the Attorney-General and a person with experience in the management of human resources in the public service nominated by the Cabinet Secretary responsible for Public Service.

The commission is currently made up of Ms Serem, Daniel Ogutu (vice chairman), Sellestine Kiuluku, Serah Kinyua, Brig (Rtd) Samuel Ndururi, Isaiah Kubai, Jacqueline Mugo, Ann Elizabeth Owuor, Peter Oloo Aringo, Jason Namasake, PS Treasury Joseph Kinyua, PS Public Service Titus Ndambuki and Solicitor General Wanjuki Muchemi

The Business Daily learnt that a meeting called on December 10 to build consensus on the proposed amendments ended acrimoniously after commissioners affiliated to Cotu, FKE and FPEA stormed out claiming that their views and concerns were not being taken into consideration. “The law did not envisage a full time commission. There will be confusion as to where executive power lies,” they said. The SRC is legally empowered to establish committees for the effective discharge of its functions.

The meeting was held only three days after another in which the commissioners, in the absence of the chairperson, resolved to block the proposed amendments. “We therefore appeal to your good selves to set aside the impending amendments as it is in the best interest of the commission to remain part-time as wisely concluded in the 2011 Salaries and Remuneration Act,” the dissenting commissioners said. The quest by SRC for full-time jobs would have an effect on their salaries. At the moment they are the least paid constitutional commissioners due to their temporal status.

Charles Nyachae, the chairman of the CIC, earns Sh1.24 million per month, nearly four times as Ms Serem who earns Sh330, 000. Chief Justice Willy Mutunga earns Sh1.27 million a month, IEBC chairman Ahmed Issack Hassan Sh874, 720 and Mzalendo Kibunjia, the chairman of the National Cohesion and Integration Commission Sh808,720.

Sources, however, said the proposal by SRC was meant to help it prepare for implementation of the recommendations of a job grade report by PricewaterhouseCoopers (PwC). The consultancy firm was picked to prepare a single handbook for rationalisation of new job grades but not salaries. Another consultancy is to evaluate and grade all teachers, parastatals and civil servants’ pay and grades before these can be harmonised.

“The indication from the consultancy is that the work lying ahead of us is huge and may require permanent hands on the job to make meaningful impact,” our source said. The SRC faces an uphill task of addressing massive pay discrepancies among those serving in the public service, including in constitutional commissions.

Employees of State corporations have over the years enjoyed better perks compared to their counterparts in the core civil service and local authorities, largely because state corporations are engaged in revenue generating businesses.

The proposals by SRC are expected to put it at loggerheads with Parliament because the permanent terms would mean additional recurrent expenditure on office perks at a time when the country is facing a tight budget situation.

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