Nyachae urges Kibaki to reject MPs’ hefty package

By Vitalis Kimutai

The Constitutional Implementation Commission (CIC) will move to court to challenge the hefty send off package Members of Parliament awarded themselves on Thursday.

 Mr Charles Nyachae, the CIC chairman, led other commissioners in stating they have written to President Kibaki asking him not to assent to the Bill, saying the amendments were unconstitutional.

 “We want the President to return the Bill to Parliament to remove the offending provisions,” Mr Nyachae told a news conference on Sunday evening.

 CIC will also move to court to seek a declaration that any MP who voted in favour of the unconstitutional provisions violated the Constitution and was therefore unsuitable to hold public office.

 It will also urge the court to declare any public officer who approves payment of money whose expenditure was passed unconstitutionally made unsuitable to hold public office and liable to refund such funds to the Government under Article 226(5) of the Constitution.

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Conflict

 He said the determination by Parliament of its remuneration is in direct conflict with the constitutional mandate of the Salaries and Remuneration Commission.

The MPs, he said, had violated the law, as there was a conflict between their personal and public interest when they introduced a law that benefits them.

“Article 116(3) of the Constitution provides that MPs can not obtain a pecuniary benefit from their decisions during any term of the House and that any such changes must be enjoyed by the next term of Parliament. Despite this section being suspended, the spirit of the Constitution would mitigate against it,” read the statement.

 The Constitution disallows wrongful conduct by State officers when carrying out a public role so as to further a personal benefit and prohibits State officers from acting in a situation where there is a conflict of interest.

 Nyachae said the law requires any MP participating in a debate in which they will acquire a personal benefit to declare that personal interest and for the Speaker to record such interest, a procedure he said was not followed on Thursday.

 CIC is also of the position that the amendments were in conflict with numerous sections of the recently passed Leadership and Integrity Act.

 The Commission has at the same time written to Attorney General Githu Muigai asking him to initiate a process to amend the clauses that violate the Constitution in the Finance Act, 2012.

 If the amendments are not done, CIC says it will move to court to challenge its legality.