Kenya seeks review of EALA pay directive

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Kenya has called on the East African Community (EAC) Bureau of Speakers to return a directive requiring national parliaments to pay members of the East African Legislative Assembly (EALA) to the regional Heads of State Summit for reconsideration, warning that implementing the decision without amending and ratifying the relevant Treaty provisions could raise legal and institutional challenges.

National Assembly Speaker Moses Wetang’ula made the appeal on Thursday while opening Kenya’s case during an Extraordinary Meeting of the Bureau of EAC Speakers hosted by the Parliament of Kenya in Nairobi.

The dispute centres on a decision adopted during the 25th Ordinary EAC Summit, held in Arusha on March 7, 2026, requiring national assemblies to take over the payment of EALA Members from December 2027.

Under the proposed arrangement, the EAC would retain responsibility for paying sitting allowances.

Wetang’ula maintained that although Summit decisions are binding on Partner States, their implementation must comply with the existing EAC Treaty and national constitutions.

“The Republic of Kenya firmly enshrines the rule of law as a foundational and constitutional national value and principle of governance. It is therefore our resolve that all decisions must be based on the Treaty as it currently provides, and not on a proposed amendment to the Treaty,” he said.

Kenya raised concerns about whether the proposed transfer of remuneration responsibilities could affect EALA’s institutional independence, equality among its members and the mandate of national parliamentary service commissions.

In Kenya, the Parliamentary Service Commission's responsibilities cover Members of Parliament and parliamentary staff.

Wetang’ula questioned whether extending that responsibility to EALA Members would be consistent with the commission’s existing mandate.

The Speaker also warned that the proposed December 2027 implementation deadline might not allow sufficient time for the necessary legal changes.

Amending the EAC Treaty would require Partner States to undertake the applicable ratification procedures under Article 150.

Kenya argued that completing both the amendment and ratification processes across all Partner States within the proposed timeframe would be difficult.

“It is one thing to amend the Treaty to accommodate the Summit decisions, but it is another long and demanding expedition to have the amended Treaty ratified by all Partner States in line with Article 150 of the Treaty. It would not be practically and technically feasible to undertake amendment and ratification processes by December 2027,” Wetang’ula said.

Kenya consequently indicated that it would ask the Bureau to return the decisions concerning remuneration and elections to the Summit for further consideration.

EALA Speaker Joseph Ntakirutimana urged national parliaments and EAC institutions to work together in developing a framework that addresses the legal, financial and administrative implications of the proposed changes.

He emphasised the need to preserve the Assembly’s institutional character and ensure equal treatment of its members across the Partner States.

The Extraordinary Meeting was chaired by Abdulkadir Mohamed Nur, Speaker of Somalia’s House of the People and Chairperson of the Bureau.

Speakers and representatives from EAC Partner States attended the meeting to consider the implications of the Summit directive.

The Bureau agreed to advise the Heads of State collectively, with Uganda’s Speaker tasked with presenting its recommendations to the Summit chair.

The discussions highlight a wider question about how the EAC should implement regional decisions while respecting the Treaty, national constitutional requirements and the independence of its institutions.

Wetang’ula confirmed that Kenya had met its financial commitment towards the EAC Games scheduled to take place in Arusha from December 5 to 15, 2026. He also confirmed that the country would field a full delegation.