Blow to MPs as court halts their six months benefits

The High Court has temporarily restrained the Treasury Cabinet Secretary, Henry Rotich, the Parliamentary Service Commission (PSC), Salaries and Remuneration Commission (SRC) and the Attorney General (AG) either directly or through their agents from considering, processing, advising, recommending, approving and or making payments to the Members of Parliament of salaries and benefits for the period after the date of the next General Election on August 8, 2017.

In the matter that has been certified urgent and of hearing on priority basis, Justice John Mativo further directed the advocate who filed the petition to serve the court papers to all the parties sued within seven days.

This comes just hours after a city lawyer moved to court to bar the National Treasury, Public Service Commission (PSC) and the Salaries and Remuneration Commission (SRC) from approving payments to MPs and Senators from receiving salaries and benefits for the period after the General Election.

Dismas Wambola argues that if approved, the payment will have devastating effects on the national economy.

Wambola further argues that the imminent termination of the MP’s contract of service on August 8, 2017 is provided in the constitution hence constitutional and lawful and the same cannot confer upon the legislators.

“Payments of MP’s for no actual work done is against public policy and does not serve any public good but rather serves only the MP’s personal and selfish interest, ” reads the petition.

In a certificate of urgency, Wambola claims that if there is any such contract or agreement the same is inconsistent with the Constitution of Kenya hence invalid.

The petitioner argues that lawmakers are demanding that the pay should be included in the supplementary budget that will be tabled in Parliament in the next few weeks or else they will shoot down the 2017/2018 budget if the payments are not made to them.

Members of Parliament are demanding salaries and allowances until March 2018 after their term expires on August 8.

MPs are said to be arm twisting Treasury by threatening to stall this year’s budget if eight months to the expiry of their five-year term are not paid.

The current Parliament consists of 349 members of the National Assembly and 67 Senators totaling to 416 members.

Should Treasury give a nod to the payments, then the tax payer could be forced to foot a staggering three billion shillings for work not done.

Respondents in the matter are Cabinet Secretary Treasury, Parliament Service Commission, Salaries and Remunerations Commission, the Attorney General, National Assembly and the Senate.

The matter will be heard inter parties on February 21, 2017.