NAIROBI, Kenya, Jun 11 – Chief Justice Willy Mutunga has
appointed a three-judge bench comprised of Justices Issac Lenaola,
Weldon Korir and Mumbi Ngugi to hear a petition lodged by the Law
Society of Kenya (LSK) and activist Okoiti Omtata challenging the MPs
salary increment.
LSK wants the High Court to determine whether Parliament has
powers to make and interpret laws arguing that the MPs do not have the
authority to alter decisions by the Salaries and Remuneration Commission
(SRC).
LSK Chairman Eric Mutua decried attempts by elected representatives
from the Senate, National Assembly, Governors and CountyRepresentatives
to dictate and determine their remuneration.
The SRC, which is constitutionally empowered to determine the pay of
public officers set MPs salary at Sh532,000 from Sh851,000 earned by
Members of the 10th Parliament.
High Court judge David Majanja referred the matter to the CJ saying
it is necessary that the case be handled by more than one judge due to
weighty issues and public interest involved.
He further extended an order suspending the resolution by MPs to increase their salaries.
MPs last month unanimously approved a motion quashing gazette notices
published by the SRC to reduce their salaries terming it
unconstitutional.
The motion meant that MPs will revert to the National Assemblies
Remuneration Act, which set their salaries at Sh851,000 and not the
532,000 that SRC had proposed.
LSK has termed the decision by Parliament as unconstitutional and asked the court to declare it null and void.
The activist wants the court to order the Parliamentary Service
Commission to immediately pay the MPs their salaries as gazetted by SRC.
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