MPs in court to block Sh2m illegal house perks recovery

MPs have rushed to the Court of Appeal seeking to block plans to recover about Sh2.25 million paid to each of them as house allowance.

In the appeal, Senate and National Assembly said they are in a dilemma because the immediate recovery of the millions will affect their well-being and output in Parliament.

The MPs through their lawyers reckon that the High Court decision and the Salaries and Remuneration Commission’s (SRC) push against the perks amounts to challenging the independence of Parliament.

“The judgement has immediate grave impacts on the independence of Parliament as an arm of government, especially in view of the findings of the High Court in the impugned judgment that SRC is empowered to cap the remunerable meetings of parliamentary committees,” the MPs said through senior counsel Tom Ojienda.

Prof Ojienda said the appeal has real chances of success.

He wants the Appellate court to stop the decision, pending the determination of the suit.

“The Applicants (MPs) are at pains and are apprehensive that the Respondents (SRC) may move for the immediate execution of the decree of the High Court to recover in full from the salaries and allowances of each MP,” the MPs said in the appeal.

On Tuesday, a bench of three judges directed clerks of the both Houses to recover the millions within one year, after ruling that the house allowance was illegal.

The court faulted Parliamentary Service Commission (PSC) for encroaching on SRC mandate and granting the MPs house allowance of Sh250,000 each and backdating it to 2018.

SRC told the court MPs had been paid Sh2.25 million before a court stopped the allowance last year, but Parliament disputed the figures saying the amount is Sh1,023,035 net of tax.