By MOSES MICHIRA
KENYA: Kenyans may have unconsciously created an all-powerful Parliament in the constitutional reforms that has now seen the National Assembly become an ‘untouchable’ entity.
In the last week alone, MPs have threatened to cripple Government operations by shooting down the Revenue Collection Bill, slashing the salaries of all State officers including the President Uhuru and slashing budgets for constitutional commissions.
All this is intended to arm-twist various institutions to allow them raise their own salaries from Sh532,000 that was recommended by the Salaries’ Commission to over Sh851,000.
But even with their insistence for higher perks, the MPs are finding themselves increasingly isolated.
Wananchi, the Civil Society, the clergy, the law society, and even President Kenyatta have not minced their words in their criticism of the clamour for higher perks.
Abuse of office
“Our MPs are on their own and are contravening the Constitution, actually their threats are empty. Denying the State access to revenue should be viewed as abuse of office, and even treasonable for MPs,” said constitutional lawyer Kibe Mungai.
He added that it would be illegal and impractical for MPs to slash President Kenyatta’s salary because that would be taking over the responsibility of the salaries’ body headed by Sarah Serem.
Mr Mungai saaid Kenyans are now paying the price of the separation of powers between the Executive and Parliament, considering that unlike in the past, the President does not have any control over the legislature.
“That is the price we pay for separation of powers we voted for because the Executive cannot prevail on Parliament on any cause,” he said.
In the past, members of the Executive like Cabinet ministers and their assistants would ordinarily vote in support of positions held by the president as that would be the official Government stand.
The new Constitution promulgated in 2012 did away with the provision of on having Cabinet ministers who double up as members of the legislature, and replaced them with Cabinet Secretaries appointed by the President but subject to approval by the National Assembly.
While this was meant to shield the ministers, now Cabinet Secretaries from political patronage, it may have worked
90 ministers
Former President Kibaki’s Government, for instance, had more than 90 ministers and their assistants in Parliament who could be mobilised to support any Motions presented by the State.
In the ongoing debate, some MPs have even openly opposed the positions taken by their coalition leaders on the salaries debate.
The MPs have even gone a step further and threatened to disband or slash the budgets of independent commissions, especially the two that are opposed to their demands for higher pay - Ms Serem’s and the Charles Nyachae - led one on implementation of the Constitution.
The objections of the two commissions received a boost in the week when the High Court suspended the plans to pay the MPs an enhanced package until a suit filed by the Law Society of Kenya was heard and determined.
In a turn of events that could spark a new national debate, an MP has filed a notice of motion seeking to disband the Upper House, claiming that the roles played by senators could easily be executed by Governors.
