MPs hit back in fight over pay

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MPs Mithika Linturi (left) and John Mbadi (right) during a press conference at Parliament Buildings in Nairobi, May 30, 2013. MPs threatened to amend the law to reduce the number of members serving in constitutional commissions to a maximum of three; cut the pay of State officers by 57 per cent and exempt all Kenyans earning less than Sh50,000 from paying tax. STEPHEN MUDIARI  

By ALPHONCE SHIUNDU ashiundu@ke.nationmedia.com
Posted  Thursday, May 30  2013 at  17:10

IN SUMMARY

• MPs threaten to cut the pay of State officers by 57 per cent and exempt all Kenyans earning less than Sh50,000 from paying tax.
• Majority of Kenyans earn under Sh100,000 with the bulk being in the Sh30,000 to Sh75,000 bracket.

MPs have hit back at President Kenyatta and two constitutional commissions for saying they should drop their pay demands.

The stung lawmakers have threatened to amend the law to reduce the number of members serving in constitutional commissions to a maximum of three; cut the pay of State officers by 57 per cent and exempt all Kenyans earning less than Sh50,000 from paying tax.

Majority of Kenyans earn under Sh100,000 with the bulk being in the Sh30,000 to Sh75,000 bracket. According to a government survey for the purposes of the National Hospital Insurance Fund, only 46,000 Kenyans in the public service earn over Sh100,000.

The MPs were unapologetic about their salaries, saying they were waiting for the Parliamentary Service Commission to prepare their payslips for Sh851,000.

The lawmakers insisted that their idea was to “help the President and his government to reduce the public wage bill and free up resources for development”.

The MPs said they will effect the plan on Tuesday when the House sittings resume.

Four MPs –Jimmy Angwenyi (Kitutu Chache North, TNA), John Mbadi (Suba, ODM), Mithika Linturi (Igembe South, TNA) and Bare Shill (Fafi, URP)—addressed a news conference at parliament buildings on Thursday, where the threats were issued.

The four said they were speaking on behalf of the Members of Parliament. They said they will also amend the Value-Added Tax Act to “make life bearable for the ordinary citizen”.

A check on the MPs’ statements shows that unless they amend the Constitution, they will have to live by what the SRC dictates. They can amend the VAT Act to reduce the taxation burden, but that will mean that the revenues for government will go down and that will ultimately affect the devolution of resources to the 47 county governments.

Two other MPs –Mwiti Irea (Central Imenti, APK) and Kimani Ngunjiri (Bahati, TNA) had also addressed journalists at Parliament buildings where they told off President Kenyatta, the Salaries and Remuneration Commission and the Commission for the Implementation of the Constitution.

They said the President, SRC and CIC should address Parliament through the Parliamentary Service Commission and not the media.

Mr Linturi said “Parliament was under attack” and therefore the MPs had to rise and protect the dignity of the House.

Mr Linturi said the President, the SRC and the CIC had failed to respect the doctrine of separation of powers when they interpreted the Constitution and returned the verdict that the MPs’ resolution quashing the legal notices setting their pay at Sh532,500 was “inconsequential”.

“The doctrine of separation of powers must be understood and respected by every Kenyan. Parliament makes laws and those laws, once enacted, are binding. The Judiciary interprets laws. If the Judiciary has not found any law to be unconstitutional, that law is binding,” said Mr Linturi.

"Spending taxpayers money by putting adverts in the media purporting to interpret the Constitution is not the job of the CIC,” said Mr Linturi. But then, the Constitution directs that the CIC keeps an eye on everything that goes on regarding the implementation of the Constitution.

The Igembe South MP also took issue with the threats to PSC and Clerks of Parliament. The PSC commissioners and Clerks, according to the two constitutional commissions will be charged with abuse of office, and any money that they pay to the MPs will be recovered from them.

“It is unthinkable and unbelievable to hear that some people are issuing threats to Parliament. How dare you threaten Parliament?” said Mr Mbadi.

When asked what law they will use to reduce the pay of State officers, Mr Mbadi replied: “Parliament has power to make law and we have no apologies about that. If a law does not exist, we shall make one. Unless you amend the Constitution, legislation will remain our job. We must show who is in charge otherwise Parliament will be a laughing stock."

Mr Shill said the push and pull between MPs and the salaries commission had jolted them into action to “save the public”.

“We’re done with the issue of our salaries. Now, we’re going to address issues that affect Kenyans. We will show them who is in charge…we are taking the agenda to a higher level,” said Mr Shill.

The MPs denied that they were out on a revenge mission.

“We’re not threatening anybody, we are concerned about the welfare of Kenyans. There comes a time when you get a wake-up call,” said Mr Angwenyi. “Kenyans pay very high taxes."

Mr Angwenyi said the pay cuts will generate up to Sh17 billion.