The Supreme Court has declined to suspend a judgment directing Salaries and Remuneration Commission (SRC) to recover Sh1.2 billion from MPs that was paid to them as allowances for attending to parliamentary duties in Nairobi.
Supreme Court judge Njoki Ndung’u declined to suspend the decision saying the main case, filed by Parliamentary Service Commission (PSC) is yet to be determined by the Court of Appeal.
The Supreme Court has declined to suspend a judgment directing Salaries and Remuneration Commission (SRC) to recover Sh1.2 billion from MPs that was paid to them as allowances for attending to parliamentary duties in Nairobi.
Supreme Court judge Njoki Ndung’u declined to suspend the decision saying the main case, filed by the Parliamentary Service Commission (PSC) is yet to be determined by the Court of Appeal.
A bench of three judges of the High Court ordered SRC to recover the money in 2020 saying the allowances are illegal because the constitution and statutes do not give the PSC powers to set the salaries and allowances of MPs and parliamentary staff.
The High Court also faulted PSC for encroaching on the mandate of SRC by granting the MPs house allowance of Sh250,000 each and backdating it to 2018. The MPs then moved to the Court of Appeal asking for the suspension of the decision but the application was declined.
“I decline to certify the matter as urgent and direct the matter to be placed before the Deputy Registrar who will give directions on compliance for determination by a five-judge bench,” Justice Ndung’u said.
PSC has rushed to the apex court seeking the matter to be certified as urgent and the suspension of the decision pending the determination of the appeal.
Last year, a bench of three judges of the Court of Appeal declined a similar application by MPs saying the can still be paid the arrears in case the appeal succeeds.
"If the appeal succeeds, all that will happen is that the SRC will pay the arrears that will be owed to the Attorney General. We fail to see how the appeal will be rendered nugatory if stay orders are not granted," ruled Justices Wanjiru Karanja, Gatembu Kairu and Jamila Mohammed.
The lawmakers were paid Sh250,000 each from 2018 to December 10, 2020, when the High Court ruled that it was illegal because the allowance was not approved by SRC.
The decision by the PSC to pay MPs the allowance was made on April 24 2019, and the payments were backdated to October 2018. The money was to enable them to rent houses within Nairobi in locations befitting Members of Parliament.
In the appeal, the legislators argue that the High Court judges misinterpreted the Constitution in as far as the roles of the SRC and those of the PSC are concerned.
In an affidavit sworn by Jeremiah Nyegenye, who doubles up as the Clerk of the Senate as well as the Secretary to the PSC, they state that the role of the SRC concerns the remuneration and benefits payable to all State Officers, whereas the PSC deals with facilitation of members of Parliament.
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