Midiwo loses Sh160,000 in benefits after suspension

Going by the gazette notice published on March 1 by the Salaries and Remuneration Commission (SRC), Mr Midiwo will not earn Sh37, 500 in responsibility allowances, Sh20,000 in House sitting allowances, Sh10, 000 in committee sittings and Sh10, 000 pay as a member of the House Business Committee. He will also miss Sh82,000 in weekly mileage claims.

Although the Parliamentary Service Commission (PSC) later rejected the SRC terms, MPs have been drawing allowances from committee sittings, which are restricted to four in a week. A member earns Sh5,000 from each committee sitting.

The PSC chaired by National Assembly speaker Justin Muturi has not disclosed the actual salary and allowances that MPs earn per month after they overturned the SRC gazette notice. The MPs are still being paid Sh532,500 as basic salary, but allowances for active legislators go to as much as Sh1 million per month.

MPs with additional responsibilities such as Leader of Majority Party, Leader of Minority Party, chairpersons of committees, members of the Speakers panel, chief whips for both minority and majority parties are entitled to a responsibility allowance of up to Sh150,000.

Considering that Parliament sits for 16 days in a month, Mr Midiwo will lose Sh37,500 in the four days of suspension as the deputy minority whip. He will also be denied the Sh20,000 for the four days he will not sit in the House to transact business.

Mr Midiwo will also not be entitled to the weekly sitting allowance of Sh10,000 for being one of the 32 members of the House Business Committee (HBC), which sets the agenda of Parliament.

The committee meets on Tuesday afternoon, but Mr Midiwo missed the session after he was named and declared a ‘‘stranger’’ in Parliament.

(READ: Midiwo ejected from House for insulting MPs)

Mr Midiwo is a member of the Defence and Foreign Affairs Committee, which sat on Tuesday and Wwdnesday, costing him Sh10,000. He is also a member of the Catering and Health Club Committee whose meetings are called on a need to basis outside the parliamentary schedule.

SRC chairperson Sarah Serem had capped the number of committee sittings a member can attend per week to four, but a deal brokered by Deputy President William Ruto removed this allowing members to attend as many committee meetings as are called.

Committee sitting allowances, including House sitting pay are computed and paid lump sum with the basic pay at the end of the month.

Each of the 347 MPs is entitled to sit in at least two committees, but a number of them are known to make technical appearances in all meetings to enhance their take-home. The MP also lost his weekly mileage claims from Nairobi to Gem, which according to SRC notice is paid for a maximum of 52 weeks per year at AA rates or as reviewed by the Commission.

With the distance from Nairobi to Yala, the headquarters of Gem Constituency, being 395 kilometres by road Mr Midiwo will forfeit mileage allowances totalling Sh81,750 for a round trip to his constituency.

Kenyan lawmakers are entitled to a weekly mileage of Sh109 per kilometre for up to 750 kilometres per week.

Mr Midiwo will also be deprived of his government car which is given to PSC Commissioners and other top House officials including chief whips for use. Under the Standing Orders, a member who is named for gross misconduct is punished to four sitting days absence including the day of suspension for a first offender, eight for a second offender and 28 days for a third offender.

The affected MP also loses all parliamentary privileges and immunities including access to parliament and their offices, cafeteria and cars if they are entitled.

Mr Midiwo was captured in the Hansard - the official record of House proceedings - calling Jubilee coalition MPs “thieves” during debate on a Motion seeking to withdraw Kenya from the Rome Statute two weeks ago.

The MP, who refused to withdraw the remarks or substantiate the claims when challenged by Kigumo MP Jamleck Kamau, lost all his parliamentary privileges on Tuesday and will now remain without pay for the rest of this week.

MPs are set to debate a Constitutional (Amendment) Bill seeking to remove themselves, County Assembly Members and Judges and Magistrates from the list of State Officers.

The Bill sponsored by the Justice and Legal Affairs Committee was introduced on Tuesday in order to legalise their decision to overturn the SRC notice just before Parliament went on one-month recess in August.