Will Parliamentary Service Commission yield to MPs pay demand?

By Allan Kisia

NAIROBI, KENYA: Controversy surrounding the salaries of members of the National Assembly could take a fresh turn with the swearing-in of members of the Parliamentary Service Commission (PSC) on Monday 3.

Kenyans will be watching whether the PSC will pay MPs the previous salaries and ignore warnings by the Salaries and Remuneration Commission (SRC) and the Constitution Implementation Commission (CIC) against doing it.

PSC commissioners on their part have been insisting that they cannot be punished over a collective decision by Parliament.

PSC commissioners will be sworn-in starting at 9am at the Continental House in Nairobi. Led by National Assembly Speaker Justin Muturi, the PSC commissioners include the Clerk of the Senate Jeremiah Nyegenye, who is the secretary. Others are MPs Jimmy Angwenyi, Adan Keynan, Regina Changorok and Gladys Wanga, as well as Senators Beth Mugo, Sammy Leshore and David Musila.

The nine members of PSC were warned last week that they will face abuse of office charges if they approve higher pay for MPs than what was set by the salaries commission.

PSC is charged with preparing annual estimates of expenditure of the parliamentary service and submitting them to the National Assembly for approval, and exercising budgetary control over the service.

It is also mandated to provide services and facilities to ensure the efficient and effective running of Parliament and to perform functions necessary for the well-being of the members and staff of Parliament among other duties.

The warning from SRC and CIC came last week soon after MPs approved a Motion to revoke legal notices that reduced their monthly salary from Sh851, 000 to Sh532, 000.

However, PSC members responded that they couldn’t be punished for implementing a resolution by the full House, setting the stage for a landmark confrontation.

MPs expect the first business for PSC commissioners will be to approve that each legislator be paid Sh850,000 monthly salary back dated three months, citing the National Assembly Remuneration Act.

Changorok earlier indicated the Motion was a decision of Parliament and as a PSC member she will discharge her duties in accordance to Parliament’s decisions once they are sworn in as commissioners.

Wanga, the Homa Bay Women Representative, said Parliament is a supreme and independent organ of the State that cannot be sued.

She added that the Clerk could not receive instructions from the SRC since it is not his employer.

SRC indicated that Nyegenge, who is the chief accounting officer of Parliament, will be held responsible for illegal payments to MPs.

The Committee on Delegated Legislation chairman, William Cheptumo maintained Parliament’s decision was final and MPs will be paid the previous higher salary.