Parliamentary Service Commission’s decision to award Members of Parliament a house allowance of Sh250,000 is unconstitutional, Attorney General (AG) Kihara Kariuki argues.
The AG now wants the allowance revoked with immediate effect.
AG Kihara Kariuki has said that the declaration violates the law as well as goes against the powers of parliament. In his submission before Justices Weldon Korir, Pauline Nyamweya and John Mativo, Kihara said that the decision was reached because MPs wanted to satisfy their selfish interests at the expense of the taxpayers. He said that the increment of the salaries and allowance of lawmakers can only be undertaken by the Salaries and Remuneration Commission (SRC).
Kihara said that the government is not ready to pay the leaders the said allowances.
“In our considered view, we submit that the above powers and functions can only be exercised by the commission in conformity with the Constitution and the statute. Therefore there is no other state organ or commission that can operate outside the parameters set by the Constitution as far as the powers of the SRC are concerned,” part of the petition by the AG read as quoted by the Star.
The government has affirmed that the salaries and allowances increment can only be given to public officers after SRC gives a greenlight on the same.
The AG also said that the constitution blocks Parliament from setting salaries and allowance for its members no matter the kind of situation that presents itself.