MPs urge court to dismiss CIC suit on pay

By Pamela Chepkemei

Nairobi, Kenya: Members of the National Assembly and Senators have told the Commission for the Implementation of the Constitution (CIC) it has no legal mandate to interfere with the bill that could allow MPs determine their own pay.

The legislators, in response to a case filed by CIC, have asked the High Court to dismiss the petition, arguing that it is an abuse of the court process.

The case seeks to stop Members of Parliament from passing a bill that will effectively remove them from being classified as state officers and enable them control their own pay.

The remuneration of state officers, including MPs and senators, is controlled by the Salaries and Remuneration Commission (SRC).

The case was mentioned Tuesday before High Court judge Isaac Lenaola who set the hearing for next Tuesday.

He further directed all the parties to file their written submissions within two days.

In their grounds of opposition filed Tuesday in court, the MPs and senators argue that CIC had no powers to interfere with the affairs of Parliament and Senate.

“The court cannot issue orders restraining the National Assembly, Senate or MPs from deliberating on any matter presented to Parliament in accordance with the constitution,” said lawyer S. Mwendwa representing the two houses.

CIC moved to court last week seeking to stop Parliament from passing a bill that will allow House members to control their pay.

But Parliament and Senate argue that the High Court has no powers to entertain the case because what CIC has done is an affront to the Constitution of Kenya and the doctrine of separation of powers.

Senate and Parliament have also accused CIC of encroaching on the legislative mandate of Parliament.

“Questions raised by CIC can only be addressed in accordance with the constitution and not through a constitutional petition,” Mwendwa said.

The MPs and senators further claimed that the case by CIC was anticipatory because a process must be undertaken by Parliament before the bill is passed.

They argue that the decision to refer the bill to a referendum can only be made by the President of Kenya and not Parliament as suggested by CIC.

They want the case thrown out.