MPs recently successfully petitioned the court to temporarily set aside a July gazette notice that cut their pay and perks.
SRC wants the High Court order which barred the implementation of lower salaries and allowances contained in the Kenya Gazette listed.
The SRC, which sets wage levels, in July announced lower salaries for top officials including the president, MCAs and MPs starting last September to save Sh8.5 billion a year.
The Salaries and Remuneration Commission (SRC) has stepped up its bid against MPs earning higher salaries and Sh5 million car grants after the lawmakers successfully petitioned the court to temporarily set aside a July gazette notice that cut their pay and perks.
In an application filed Wednesday, the SRC wants the High Court order which barred the implementation of lower salaries and allowances contained in the Kenya Gazette listed.
The commission argues that the lawmakers stand to take advantage of the suspension to pay themselves higher salaries and other benefits, which will be difficult to recover should they lose the salary row suit.
The SRC, which sets wage levels, in July announced lower salaries for top officials including the president, MCAs and MPs starting last September to save Sh8.5 billion a year.
The move included scrapping of a Sh5 million car grant given to every legislator, removal of some allowances and a Sh90,000 reduction in basic monthly pay.
“Given the fact that the stay order is in force, PSC is in the process of trying to remunerate MPs on irregular terms and which if effected, the same will be irrecoverable,” said SRC lawyer Andrew Wandabwa.
On December 14, 2017, MPs obtained a reprieve after the High Court suspended the implementation of the notice which stipulated that their sitting allowances, among other benefits, should be reduced.
Justice George Odunga issued the temporary reprieve after the Parliamentary Service Commission (PSC) sued the salaries commission and accused it of interfering with its constitutional mandate as well as seeking to cripple the functioning of the 12th Parliament.
“The effect of this leave operating as a stay is that PSC will proceed to remunerate its employees on irregular terms which if effected, the sums will be irrecoverable,” said Ms Margaret Njoka, SRC’s acting CEO said in court documents.
Lawmakers were in December secretly asked to pick, fill and return the Sh5 million car grant application forms to the Clerk of the National Assembly. Reports indicate the MPs are receiving the grant.
They argue the Sh5 million was a facilitative allowance previously given to State officers serving in Parliament and is cheaper than maintaining their official cars.
The MPs are entitled to a Sh7 million car loan in addition to Sh20 million mortgage.
Speakers’ pay was cut from Sh1,320,000 to Sh1,155,000 while that of MPs was lowered from Sh710,000 to Sh621,250.
Their plenary sitting allowance of Sh5,000 was removed and their transport allowance paid at a fixed rate.
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