Parliament has thwarted efforts by Kenya Defence Forces (KDF) to hasten payment of pensions, gratuities and compensation to soldiers and their families.
This was after the National Assembly nullified regulations meant to guide the process.
KDF has termed the move a blow to speeding up the process of dealing with the contentious issues of compensating members of the military and their families.
In a move likely to have far-reaching effects on payment of retired members or families of those who die in line of duty, the committee on Delegated Legislation of the National Assembly moved the House to annul the Kenya Defence Forces (Pensions and Gratuities) (Officers and Service Members) Regulations 2017.
The regulations are the final instruments to guide how officers and servicemen are paid pensions and gratuities. They were also expected to guide compensation of families in the event of the death of the principal member, in line of duty.
The regulations, put in place in July last year and signed by then Defence Cabinet Secretary Raychelle Omamo and then Principal Secretary Saitoti Torome, would also guide compensation of those disabled while in service.
They have devised a mechanism on how the Defence Council should calculate the payments to different cadres as far as pensions, gratuities and compensation are concerned.
However, the committee that scrutinises legislations has faulted the KDF instruments and asked the House to annul them.
The committee, chaired by the Uasin Gishu Woman Representative Gladys Shollei, said they found the regulations were in contravention of other Acts of Parliament and the Constitution.
The House acted on the recommendations of the committee and set aside the regulations.
Particularly, the committee noted that the regulations offended the Constitution over how money is withdrawn from the Consolidated Fund.
Back door
Pensions and gratuities for members of the military, according to the regulations, should be drawn from the consolidated kitty.
“The regulations contravene Section 13(g) of the Statutory Instruments Act 2013 and Article 206(2) and (4) of the Constitution on the withdrawal of money from the Consolidated Fund,” Shollei said while moving the motion.
Tharaka MP Gitonga Murugara claimed the rules were a clever way by KDF to withdraw funds, through the Consolidated Fund, without following the requirement that they goes through Parliament.
“No proper research was done in coming up with the regulations. Someone wants to use the back door to access money in the Consolidated Fund,” said Murugara.
MPs unanimously rejected the regulations, saying KDF did not follow the right procedures in coming up with the regulations and that it offended other existing laws.
Military spokesman Bogita Ongeri criticised the move to reject the rules, saying the MPs should have annulled specific sections that are offensive.
“This is a blow to our efforts to expedite payments of pensions and gratuities to KDF personnel. The MPs should have been specific in deleting sections of the regulations they feel offend other laws,” said Bogita.
But Shollei said: “The annulment is not fatal. They can submit the same regulations after curing their shortcomings.”
MPs also criticised KDF for creating two bodies, the Pension board and the Pension Appeals Board, which they said are not recognised by the KDF Act.
