Mutula supports CIC salary demands

By Martin Mutua and Chris wamalwa

The war of words on the remuneration packages offered to members of the Commission on the Implementation Commission (CIC) continued as Government Spokesman Alfred Mutua released a circular showing what other commissioners earn.

Dr Mutua released a Kenya Gazette notice dated July 23, 2009, enumerating the rates expected to be paid to constitutional office holders.

Among those covered are the Attorney General and Chief Justice who fall under category A1, Court of Appeal judges, Controller and Auditor General, the chairmen of the Interim Independent Electoral Commission (IIEC) and the Public Service Commission (PSC) fall under band A2 while the rest of the commissioners are in band A3.

The salary for constitutional office holders was revised following the enactment of the Statute Law Act 2009. Under that law, the AG and CJ were to earn a starting salary of Sh399,440 to a maximum of Sh916,500, the chairman IIEC, PSC, Court of Appeal judges and the Controller and Auditor General between Sh292,765 and Sh576,120 while other commissioners were to get between Sh232,960 and Sh481,381.

Negotiated

But other sources indicated that the Nyachae team negotiated their salaries under special rates because they will only serve for a limited period.

“They demanded that they be hired under the A1 category because they had left their jobs in the private sector and they were going to be engaged on a five-year contract,” said the source.

The Head of Public Service and Secretary to the Cabinet, Francis Muthaura, has rejected the salary demands of CIC members. His action angered commissioners who accused the Government of using the matter to stall work on key Bills meant to anchor the Constitution.

Speaking at the Kenyan Embassy in Washington DC, CIC chairman Charles Nyachae accused the Government of trying to punish the commission for their good work by withholding their pay.

“The PSC and the Treasury have done their job. What is going on in Nairobi is actually an attempt by an office that is not charged with that responsibility trying to override and restart the debate,” said Nyachae when he met Kenyans in the US on Monday evening.

The commissioners now say they might only focus on Bills whose deadline for becoming law is August 26.

“The Bills to be shelved include those on Devolution, National Police Service Bill, National Security Council Bill, National Intelligence Service Bill, Leadership and Integrity Bill (due in August) and the Lands Bill (due in December),” they said at a Press conference at Delta House, Nairobi on Monday.

Unpaid services

“We are considering releasing some of our commissioners to work on part-time basis as their continued unpaid service is detrimental to their welfare. This may slow down the crucial work of the commission, which may have been the intention of the anti-reformers.”

But Nyachae said the commission would not succumb to intimidation. He also expressed hope that money for their salaries had been released and was being held in the Consolidated Fund.

On Tuesday, the chairman of the Constitution Implementation Oversight Committee, Abdikadir Mohammed, told The Standard that he had summoned all parties involved for a meeting next week on Tuesday.

“We are alarmed by the storm that is gathering as it is bound to impact negatively on the implementation process, but we have the capacity to deal with it as a committee,” he noted.

Abdikadir disclosed that he had invited the Attorney General, the CIC team and the Justice minister for the meeting.

At the same time, Justice and Constitutional Affairs Minister Mutula Kilonzo came to the defence of CIC saying their salaries will be paid in accordance with what was agreed with the PSC and the Treasury.

The treasury

Mutula said the law was clear that the commissioners will be paid their salaries and allowance by the PSC and the Treasury pending the establishment of the Salaries and Remuneration Commission. Mutua and Abdikadir  said Muthaura has no role to play in the matter. “The CIC Act is very clear in Article 17 and, therefore, I do not see what role Muthaura has in this matter,” added Mutula.

The minister said Muthaura could not purport to overrule the law using a circular because that would be in violation of the law.

Mutula said the CIC had not written to him over the matter and he had read about it in the newspapers “just like anybody else”.

“They should have written to me if they had a problem or directly to the President and the Prime Minister. This matter would have been over by now,” he added.