Outgoing Salaries and Remuneration Commission Chairperson, Sarah Serem with fomer SRC vice chairperson Daniel Ogutu during a press conference in Nairobi (photo / the standard)
The salaries and Remuneration Commission (SRC) on Wednesday, told the High court that MPs would earn an illegal salary should they paid the 'old salary' since they were aware that they would get a lower pay even before they got elected.According to SRC, the lawmakers had obtained a temporary order illegally to block their pay cut by failing to disclose crucial information between it and the Parliamentary Service Commission (PSC) in talks held in 2013.
The order had been given by Justice George Odunga on December 15 which included barring SRC from implementing reduction in basic salary and squashing five allowances including a Sh5 million car grant.
The court was told that the MPs are seeking the old salary which they were receiving in the last Parliament by deceit.SRC said that the court papers presented before the court were not the actual story of what had been agreed in the conversations.SRC Acting CEO Margaret Njoka told the court that the salary was agreed upon in 2013 and all parties were informed.“In 2013, the respondent recommended a remuneration structure for the members of Parliament for the period 2013-2017 and duly informed all concerned parties that the review cycle would commence on July 1, 2013,” Ms Njoka said.She adds that the lawmakers were given a chance to give opinions on what they should earn which SRC considered to arrive at the new pay deal.“After considering all the views presented and all the matters they had been asked, the respondent, in keeping with its constitutional mandate, made its remuneration proposal to the applicant, Parliamentary Service Commission,” she added.PSC was however not contended with the new deal and wrote back a protest later which SRC argued that it replied justifying the new salaries.The lawmakers argued in court that they were not aware of the new salaries before they got to elected.