Justin Muturi tells off CIC boss over warning on legislators’ salaries

National Assembly Speaker Justin Muturi

By Geoffrey Mosoku

Nairobi, Kenya: National Assembly Speaker Justin Muturi has dismissed the warning by a constitutional body over personal responsibility should MPs be paid contentious higher salaries.

In an apparent reference to the Parliamentary Service Commission, Commission on the Implementation of the Constitution (CIC) put on notice public officer who may irregularly adjust salaries of State officers.

“We wish to draw attention to all institutions responsible for paying salaries and benefits to State officers that under Article 226(5) any public officer who makes an unlawful payment of a salary/or benefit to a State officer contrary to the determination of SRC will be personally responsible for making good the loss occasioned by such an illegal payment,” the Charles Nyachae-led CIC said in press advertisements on Sunday.

Not yet paid

PSC commissioners reportedly will be sworn in before Friday, with their first business being to pay MPs, who have not received their salaries for the last three months.

The MPs have not been paid after they rejected the Sh532, 000 monthly salary set by SRC, and it is understood PSC will pay them Sh850,000 once the House quashes an SRC decree on Tuesday.

But CIC has also termed it as an exercise in futility the drive by Parliament to quash the gazette notice published by the Salaries and Remuneration Commission setting new salaries and benefits for MPs.

The commission warns that any attempt to use the National Assembly Remuneration Act to pay legislators higher salaries is a violation of the law because it is inconsistent with article 230 of the Constitution.

Sunday, Muturi said CIC should not purport to police Parliament but instead concentrate on its key mandate of monitoring implementation of the Constitution.

“Nyachae should not purport to be a policeman over the three arms of Government, he has no authority, power, imagined or real, to superintend on the other arms of Government,” he added.

The Speaker defended the House intention to revoke the Serem notice, saying Article 116 (3) empowers Parliament to pass legislation to confer benefits to MPs but such a law will benefit a future Parliament.

Muturi argued while the Constitution confers power to SRC to review and set salaries for State officers, Parliament is mandated to pass laws that provide the process through which the SRC mandate is executed.

Nullify notice

“It is not inconsistent with the Constitution as it envisages a situation where the House passes legislation to confer benefits to members. In fact, SRC in their own Act are required to make their reports through Parliament,” he added.

Tuesday, the National Assembly is widely expected to adopt the report of the Committee on Delegated Legislation seeking to nullify three gazette notices by SRC on their salaries and allowances.

CIC says it’s only SRC that has the mandate to determine State officers pay and any attempt by Parliament to change that is illegal.

The PSC is chaired by National Assembly Speaker Justin Muturi with the clerk of the senate Jeremiah Nyegenye being the secretary to the commission.

Members are Jimmy Angwenyi, Aden Keynan, Regina Changorok and Gladys Wanga, senators Beth Mugo, Sammy Leshore and David Musila.

Once Parliament adopts the Committee on Delegated Legislations report, MPs have insisted that PSC will rely on the National Assembly Remuneration Act to pay them the previous sh851, 000 monthly salary.

The MPs accuse the SRC of breaking the law by failing to submit the March 2 legal notice to Parliament that reduced their perks.