Judge Odunga scrapped MPs salaries and benefits

Judge George Odunga during the launch of Judiciary Electoral Disputes Resolution (EDR) Bench book at the Supreme Court, Nairobi. [Elvis Ogina/Standard]

MPs have won the battle to have a free hand in determining their pay without the control of the Salaries and Remuneration Commission (SRC).

Although the High Court decision is a victory for 416 MPs, it also opens a window for over 2,000 Members of County Assembly to get higher pay as they too have a similar case against the SRC pending in court.

By declaring as illegal a gazette notice by SRC that prescribed salary cuts and abolished allowances including mileage and car grant, the High Court has halted effort to control the salaries of State officers that was intended to address the spiraling public wage bill.

MPs are also now free to hold as many committee sittings as they wish after the ruling by Justice George Odunga, which removed controls that capped the number of sittings at 16 per month.

The landmark ruling arose from a case where MPs challenged the constitutionality of SRC’s Gazette Notice No. 6517 published on July 7.

MPs join members of the Judiciary after the Judicial Service Commission rejected job evaluations by SRC and later successfully petitioned the courts to be freed from its regulation.

Justice Odunga said the notice lowering MPs’ pay, taking away mileage, car grant and other allowances cannot withstand the legal test.

“Whereas, I find most of the issues raised by Parliament unmerited, I am satisfied that the manner in which the Gazette notice was published last year was tainted with procedural impropriety. It cannot be sustained,” reads Odunga’s ruling delivered on his behalf by Justice John Mativo on December 10.

The PSC, the body responsible for the welfare of members and staff, had challenged the move by SRC to reduce perks and allowance.

Some of the benefits abolished include special parliamentary duty allowance set at maximum of Sh150,000 per month for MPs.

The then Sarah Serem-led commission included Sh35 million mortgage for members while for the Speaker it was slashed from Sh40 million to Sh20 million.

Mileage was abolished as well as Sh5 million car grant without alternative means of transport as required in law while car loan was reduced from Sh8 million to Sh7 million

The PSC termed SRC’s move as unreasonable, discriminatory, in bad faith, arbitrary and goes against their legitimate expectations.

“In so doing, SRC did not conduct a study on labour market efficiency and dynamics, a survey of the prevailing economic situation and a comprehensive job evaluation, and engage in necessary consultations and public participation before causing to publish the gazette notice as stipulated in the consultations and the Salaries and Remuneration Commission Regulations Act,” argued PSC.