LSK condemns MPs bid to disband SRC

Nairobi, Kenya: The Law Society of Kenya (LSK) has strongly condemned a move by Parliament to impeach the Salaries and Remunerations Commission (SRC).

LSK Chairman Mr. Eric Mutua said Parliament has no Constitutional mandate to disband the SRC.

The LSK called on the Speaker of the National Assembly Mr. Justin Muturi to determine whether debating the motion was Constitutional.

 “SRC is a Constitutional body and can only be dissolved following a referendum as provided in the supreme law,” Mr. Mutua said.

The LSK Chairman said that the motion by Igembe South MP Mithika Linturi to commence the process of sending home the SRC was illegal.

“The Commission cannot be disbanded for performing its Constitutional mandate of harmonizing salaries within the public sector,” Mr. Mutua said.

The SRC , which has powers to determine the pay of public officers pegged MPs salary at Sh532,000 from Sh851,000 earned by Members of the Tenth Parliament.

Following the reduction, Mr Linturi filed a petition with the Clerk of the National Assembly in which he wants Parliament to endorse removal of the Chairperson and Members of the SRC.

The MP argued that SRC Chairperson Ms. Sarah Serem violated, breached, infringed and threatened the Constitution.

“Mr Linturi has grossly misinterpreted the Constitution in his arguments to attempt to disband a Constitutional body,” Mr Mutua said.

The LSK Chairman called on the Director of Public Prosecutions (DPP) Mr Keriako Tobiko to investigate the conduct of Mr Linturi should the Speaker fail to reject the motion.

“The DPP should probe Mr Linturi as his actions could amount to gross abuse of office and privileges,” the LSK Chairman said.

Mr Mutua said that the rule of law must be followed arguing that the Constitution – as the supreme law - must not be watered down.

“Constitutional bodies must be protected when undertaking their roles and mandate,” Mr Mutua said.

He said that Article 251 of The Constitution provided reasons that may send home a Commissioner or holder of an independent body.

“The major reasons include serious violation of the Constitution or any other law, gross misconduct, physical or mental incapacity, incompetency or bankruptcy,” Mutua said.