Support a Referendum on the Recall Law and MP pay

The Salaries and Remuneration Commission is right to decide the salaries of the Members of Parliament because this is their mandate.

The recent action by parliament to de-gazzete Member salaries as set by SRC is unlawful and an exercise of IMPUNITY by parliament, a development of which Kenyans are unanimous that MPs have lost allegiance to the people who voted for them. It is our contention that the MPs’ demands will cripple the economy instead of focusing on productivity, performance, transparency and fairness.

The Salaries and Remuneration Commission is an independent constitutional commission mandated to ensure that the total public compensation bill is fiscally sustainable. When the salaries commission slashed the MPs’ pay, it had taken into consideration the economy and living standards of majority Kenyans (50 per cent live below the poverty line). It noted that Kenya was still far from a sustainable wage bill, and came up with a pay structure after slashing the salaries of all almost all State officers. The current wage bill is slightly above Sh425 billion, which may be unsustainable. President Uhuru also noted the same during the official opening of parliament.

Members of Parliament have also threatened to paralyse government operations if their demands are not met, raising eyebrows from the public that the MPs have a well-defined selfish interest of enriching themselves at the expense of their voters. The MPs are there to work for the electorate and not to enrich themselves.

Pursuant to Article 73 of the Constitution, the authority vested to them as State Officers in the senate or national assembly is a responsibility to serve the people. It is immoral for the MPs to demand a pay hike even before they deliver on their mandate to Kenyans. Kenya’s resources should be directed at addressing the critical social and economic issues affecting Kenyans. Service delivery in key sectors including security, education and health; infrastructure and food security require more urgent attention compared to MPs salaries.

The cost of an MP compared to work done is not commensurate to the demands they are making. Consider the following :
a. Members of the National Assembly have in the past (2008 -2012) been paid a monthly pay and allowances totalling Ksh851, 000, which has been over 425 times higher than the average (per capita) income of Kenyans and over 210 times higher than the minimum wage of Kshs. 4,050 as at December 2012.

b. The SRC in 2013 set a new salary structure which reviewed the MPs salaries from Kshs 851,000 per month paid to the 10th Parliament (2008- 2012) to a range of Kshs 532,500 – Kshs 710,000 per month for the current parliament. This SRC process of reviewing the salaries was open and consultative and the MPs were represented in the same through the Parliamentary Service Commission. What is more, the MPs were aware of the proposed salary structure before they offered themselves for ‘leadership’ positions in the just concluded March 4th 2013 general elections. Terms of parliament run for five years. Even if an incoming parliament/national assembly has some of the members of the previous assembly, it is still a NEW parliament. There is no basis for comparing the salaries set by SRC and what the 10th parliament earned. It is therefore a fallacy for MPs to argue that their salary has been slashed or reduced.

c. If they earn the minimum proposed, each Member of the National Assembly will earn from taxpayers over Kshs. 6.3 million annually and over Kshs. 31 million in the five years they will be in office.

d. Even with the current salary scheme, the cost to the Kenyan tax-payer is astronomical. In total, all the 349 members of the National Assembly will in five years cost Kenyans over Kshs. 11 billion in salaries and allowances only.

According to the SRC, before the downward review of the MPs’ salaries, Kenya’s wage bill took up more than one third (35%) of all taxes/revenue collected annually and is the highest compared to the average of other African countries (29.5%); Asian countries (23.1%) and the European Union (16.3%). In a year, MPs will earn a total minimum of KES 2,230,110,000 for 349 persons from taxpayers. The public should be aware that the proposed salary of Kshs. 532,500 is not the total amount an MP makes. There are other perks that the MPs enjoy as follows:

Basic salary 395,000

Vehicle fixed cost allowance 336,000

Car maintenance allowance 247,000

House allowance 70,000

Entertainment allowance 60,000

Constituency allowance 50,000

Committee meeting allowance 40,000

Gym membership 2,000

Grand Total Amount in Kshs. 1.2 million

We want a simple manner in which we can recall MPs that are unfit or those who are out to pass laws that infringe on our rights as Kenyans. MPs ploy to disband the Salaries and Remuneration Commissioners is unconstitutional because they want to enrich themselves yet we elected them to work for us. So we are petitioning for the amendment of Part IV of the Elections Act on Recall of Members of Parliament.

A Member of Parliament can only be recalled after 24 months of being in office and 12 months before the next General Election. This is ridiculous because we are given the right to recall by one had and the same right is taken by the other hand because of the stringent requirements.

The petitioner must also get 30 percent support from registered voters in that constituency in addition to 15 percent voters’ support in all the wards in the constituency.

In addition to this, the petition must be taken to the High Court which will then confirm whether a recall is necessary. No time limit is given for this and it would take more than one year. These specific provisions should be declared unconstitutional.

The Elections Act also allows members who have been recalled to participate in the subsequent by-election. This is unconstitutional because if a person is recalled because of Chapter Six of the Constitution or because of mismanaging resources, then he shouldn’t be allowed to participate in the by-election.

We therefore;
• Condemn the act of the legislature in being complainant, judge, witnesses, jury and executioner in their own cause for higher reniumeration.
• Condemn the act of the legislature to disband the SRC and trying to intimidate them so as to have their selfish gains met
• Condemn the ploy of the legislature to rewrite their own terms of their contract yet the people who voted for them are their employers.
• Demand that the country’s resources be directed at addressing the critical social and economic issues affecting Kenyans. Service delivery in key sectors including security, education and health; infrastructure and food security require more urgent attention compared to MPs salaries.
• Call upon Kenyans to remain vigilant and use their power to recall non-performing MPs and those who act against the public interest.

Kenyans should say no to this unconstitutional conduct and daylight robbery of the country by the MPs.

Kenyans should say no to the greed and the plundering of the Kenyan people’s resources!

CHAPTER ONE––SOVEREIGNTY OF THE PEOPLE AND SUPREMACY OF THIS CONSTITUTION
1. (1) All sovereign power belongs to the people of Kenya and shall be exercised only in accordance with this Constitution.
(2) The people may exercise their sovereign power either directly or through their democratically elected representatives.

CHAPTER SIX—LEADERSHIP AND INTEGRITY
Responsibilities of leadership.
73. (1) Authority assigned to a State officer—
(a) is a public trust to be exercised in a manner that—
(i) is consistent with the purposes and objects of this Constitution;
(ii) demonstrates respect for the people;
(iii) brings honour to the nation and dignity to the office; and
(iv) promotes public confidence in the integrity of the office; and
(b) vests in the State officer the responsibility to serve the people, rather than the power to rule them.

(2) The guiding principles of leadership and integrity include—
(a) selection on the basis of personal integrity, competence and suitability, or election in free and fair elections;
(b) objectivity and impartiality in decision making, and in ensuring that decisions are not influenced by nepotism, favouritism, other improper motives or corrupt practices;
(c) selfless service based solely on the public interest, demonstrated by—
(i) honesty in the execution of public duties; and
(ii) the declaration of any personal interest that may conflict with public duties;
(d) accountability to the public for decisions and actions; and
(e) discipline and commitment in service to the people.

CHAPTER FOUR––THE BILL OF RIGHTS

22. (1) Every person has the right to institute court proceedings claiming that a right or fundamental freedom in the Bill of Rights has been denied, violated or infringed, or is threatened.

We wish to bring to your attention that our petition is informed by the following sections of our Constitution that make it untenable for the three individuals to discharge their duties to the Kenyan public diligently and thus to continue holding public office;

Article 10. (1) The national values and principles of governance in this Article bind all State organs, State officers, public officers and all persons whenever any of them––
(a) applies or interprets this Constitution;
(b) enacts, applies or interprets any law; or
(c) makes or implements public policy decisions.

(2) The national values and principles of governance include––
(a) patriotism, national unity, sharing and devolution of power,
the rule of law, democracy and participation of the people;
(b) human dignity, equity, social justice, inclusiveness, equality,
human rights, non-discrimination and protection of the
marginalised;
(c) good governance, integrity, transparency and accountability;
and
(d) sustainable development.

CHAPTER SIX––LEADERSHIP AND INTEGRITY

73. (1) Authority assigned to a State officer—
(a) is a public trust to be exercised in a manner that—
(i) is consistent with the purposes and objects of this Constitution;
(ii) demonstrates respect for the people;
(iii) brings honour to the nation and dignity to the office;
and
(iv) promotes public confidence in the integrity of the
office; and

(2) The guiding principles of leadership and integrity include—
(a) selection on the basis of personal integrity, competence and suitability, or election in free and fair elections;

75. (1) A State officer shall behave, whether in public and official life, in private life, or in association with other persons, in a manner that avoids—
(a) any conflict between personal interests and public or official duties;
(b) compromising any public or official interest in favour of a personal interest; or
(c) demeaning the office the officer holds.

ARTICLE 251 OF THE CONSTITUTION
(1) A member of a commission (other than an ex officio member), or the holder of an independent office, may be removed from office only for;
(a) serious violation of this Constitution or any other law, including a contravention of Chapter Six;
(b) gross misconduct, whether in the performance of the member’s or office holder’s functions or otherwise;
(c) physical or mental incapacity to perform the functions of office;
(d) incompetence; or
(e) bankruptcy.