Whatever the merits of the Eleventh Parliament’s push to have its members’ salaries and allowances increased, the latest scheme to pursue its fight is disgraceful. Despite allegedly engaging the Salaries and Remuneration Commission (SRC) in dialogue, as indicated by National Assembly Speaker Justin Muturi, the House has not given up on intimidation as a means by which to get what they want. This is unacceptable behaviour, especially in a climate where the public, from whom Parliament gets its power, is against increases.
Igembe South MP Mithika Linturi on Thursday revealed that he has issued a notice to the Speaker for the removal of SRC team for cutting legislators’ pay. Linturi argues that the power to cut their pay was vested on Parliament and not SRC. This move departs from the position taken by the Speaker a week ago, indicating talks were under way to resolve the dispute over MPs’ pay. It also flies in the face of President Uhuru Kenyatta’s sentiments at the State opening of the two Houses of Parliament this week on the burden of the public sector wage bill.
Because the SRC has constitutional protection and cannot be scrapped as MPs had earlier threatened to do, Linturi wants to target the commissioners in office, led by chairperson Sarah Serem. He seeks their removal from office for allegedly breaching the Constitution in, among other things, cutting MPs’ monthly salaries from Sh851,000 to Sh532,500. This odious action, should it succeed, has the effect of not just removing the ‘offending’ officers from their jobs but also intimidating anyone who might replace them into toeing the line on Parliament’s remuneration. Such bullying tactics have no place in the August House, however aggrieved MPs feel, and should be opposed by all right-thinking Kenyans.
Linturi argues that Serem and her team have “violated, breached, infringed and threatened the values of the Constitution, including the preamble and Article 1 (1)(2)”. By this line of argument, he purports to invoke the right of elected representatives to exercise the sovereign power of the people above all other institutions, including the constitutionally protected SRC. However, the MP forgets that the people whose authority he claims are very clear on this matter: No more increases. The changes introduced by SRC are largely seen as reasonable and fair in the current economic climate. MPs, therefore, have no legal or moral authority to steamroll any increases through.
If, indeed, the salaries commission “disregarded the principle of transparency and fairness”, and “discriminated against elected representatives”, this can be proved in talks between the SRC and the Parliamentary Service Commission. A well-reasoned case for a modest increase could very well win the backing of the SRC, the media and the public. However, any increases obtained after attacking or undermining the commission and its members are sure to be highly unpopular and set a dangerous precedent for future interactions.
We appreciate that this is an inconvenient headache for the Jubilee and CORD alliances, which need to keep MPs sweet to get any business done. However, it is important enough a matter to require a firm hand from leaders in both Government and the Opposition. President Kenyatta’s sentiments need to be backed by action from the Government Chief Whip and others to steer MPs away from Linturi’s toxic Motion. The Opposition, too, should lobby its MPs to stay away from this attack on the SRC and instead put their faith in the talks between the team and the PSC.
Should the talks fail and sentiment in the House remain in favour of getting rid of Serem and company, we would still be opposed to doing so in Parliament where the conflict of interest is plain. A prudent first step would be to seek the interpretation of the courts on whether SRC did violate the Constitution, and then secure whatever redress is possible. Only by resisting the temptation to succumb to the culture of entitlement and greed that stained the last two parliaments can the current one play a positive role in the battle tame the public sector wage bill and win taxpayer support.
