Gicheru given ultimatum to pick judges in PSC case

By Evelyn Kwamboka and Robert Nyasato

A civil society group has given Chief Justice Evan Gicheru 14 days to appoint judges to hear a case seeking to declare Parliamentary Service Commission unconstitutional.

Kenyans for Justice and Development national convener Neto Agostinho said they would organise mass action if the CJ fails to do so.

The case was filed in December 2008 in a bid to stop MPs’ salary increments and the file forwarded to Chief Justice last year to appoint a Bench.

In the case, 17 petitioners are seeking orders that the PSC be nullified and all the privileges it has bequeathed MPs.

They also want the High Court to order recovery of all the money estimated at Sh7 billion, other resources the PSC has used on parliamentarians since 2003 and for them to start paying tax.

The money emanates from the Sh5,000 MPs’ sitting allowance, Sh333 million winding up allowance to 212 MPs of the ninth Parliament and 225 duty free vehicles bought for them.

Mr Agostinho said MPs failed to surrender vehicles the Government bought for them at the end of their parliamentary term in 2007.

He said the delay by the CJ to pick judges to hear the case was to blame for the recent MPs’ pay increment.

Outrageous impunity

"Since the CJ has refused to have our petition heard, we hold him personally liable for the latest outrageous display of impunity by MPs who are planning to raise their salaries and allowances," he said.

He said in a signed statement the salaries are in total disregard of the needs of our economy.

Separately, an MP has criticised a Cabinet minister for poking holes in the Bill seeking to increase lawmakers’ salaries.

Kitutu Masaba MP Walter Nyambati, who moved the Motion to adopt Akiwumi Report that proposed the pay raise, took issue with Public Works Minister Chris Obure yesterday saying his remarks over the issue were in bad taste.

Speaking in Kisii, Mr Nyambati reminded Obure that it was the work of the Parliamentary Service Commission (PSC) to review the terms of conditions of service of MPs and parliamentary staff.

"Obure should know better. It is only the Finance Bill that must be tabled in Cabinet and does not apply in the case of the Akiwumi Report," charged Nyambati.

The MP expressed reservation with the minister’s position and saw it as a personal attack on him given that he was the one who moved the Bill in his capacity as PSC vice-chair.