By STEPHEN MAKABILA
KENYA: Igembe South MP Mithika Linturi and civil society activist Okiya Omtatah have waded into the raging debate of members of the National Assembly agitating for higher salaries. The energy exhibited by the duo as they rail at each other, makes them the embodiment of the hullabaloo over MPs’ salaries.
When they faced off on KTN’s Livewire on Thursday night for an interview with anchor James Smart, Mr Linturi who is pushing for increment of MPs salaries, had his match in Omtatah.
Linturi said what MPs are pursuing is not all about money, but the constitutionality of the process of arriving at what MPs should earn, as recommended by the Salaries and Remuneration Commission (SRC) chaired by Sarah Serem.
The MP in his Motion filed in the National Assembly on Thursday, wants disbanded the Serem Commission disbanded for cutting MPs’ pay.
But Mr Omtatah questions why the MP and his like-minded colleagues cannot seek legal redress over the matter, instead of using Parliament to disband the Commission.
“MPs are using the law of the jungle. The SRC made decisions on the basis of public hearings. If MPs have an issue they should seek legal redress,” he said.
The activist accused MPs of intimidating SRC to give them grants to buy cars, yet such a provision was not in their salary structure.
“The salary structure for MPs does not have a Sh5 million car grant. Government is not a grant making entity. The MPs’ proposed pay of over Sh500,000 can pay loans and they should be given loans to buy cars,” he added.
Omtatah wants the court to declare the commission acted within the law to set salaries for the 11th Parliament. Through lawyer Ishmael Kuring’a under a certificate of urgency, the activist noted there was a raging public debate on new salaries and benefits for MPs, which were gazetted by the SRC.
“The Sh532,500 a month basic salary, gazetted by the SRC, which does not include other benefits and perks that MPs enjoy, rivals the pay of MPs in developed countries,” submitted the lawyer.
Omtatah is backed by other members of the civil society and some MPs against the move.
Molo MP Jacob Macharia has indicated like-minded MPs were lobbying to frustrate the Linturi Motion.
Abuse of office
Macharia said about 50 MPs had distanced themselves from the petition saying they were lobbying for more support. Civil society organisations have equally, in public interest, opposed the conduct by some legislators fighting for pay increment, and on Friday held a meeting at a Nairobi hotel on the same.
Present at the meeting included Executive Directors from various civil society organisations such Transparency International-Kenya Samuel Kimeu, Kenya Human Rights Commission’s Atsango Chesoni, Africog’s Gladwell Otieno and International Commission of Jurists Executive Director George Kegoro.
Clarion, Katiba Institute, Jukwaa La Katiba, ICPC, Pamoja Trust, Article 19 and 4Cs among others were also represented.
The civil society groups have now planned a march outside Parliament buildings on May 14 to protest the move by MPs. The Law Society of Kenya (LSK) has also lined-up lawyers to face MPs in the tribunal and hopes the court will stop them in their tracks. LSK also plans to isolate Linturi and prosecute him for alleged abuse of office and privileges.
While MPs opposed to Linturi Motion could be a major setback for him, it is a blessing for Omtatah and the entire civil society fraternity fighting for the common Kenyan.
The question remains, if the Motion goes to the floor of the House, will it be passed or defeated. If passed, will President Uhuru Kenyatta play ball or may ignore the MPs?
Omtatah is not new to civil society activism in Kenya. He is a poet, playwright and human rights activist, but how the gentleman earns his daily bread is a mystery.
