How Kenya MPs Will Earn Millions Minus Work

Members of Parliament plan to continue earning their salaries after President Kibaki and Prime Minister Raila Odinga dissolve the National Accord as expected on October 17 to allow for elections in December.

These details are set out in the Constitution Amendment Bill approved by Cabinet, and includes clauses that allow MPs, for the first time in Kenya’s history, to draw salaries while on the campaign trail for elective posts in the coming General Election.

This is unheard of in Kenya’s history, and arises from the fact that the MPs’ terms end in January next year.

The MPs could thus earn salaries up to March next year if the proposed amendments to the Constitution fail to sail through Parliament.

Even more interesting, if the Bill becomes law, Parliament will not be dissolved even after the National Accord that set up the Grand Coalition Government is consigned to the dustbin by the two principals.

To put the icing on the cake, the 222 MPs now expect to earn a minimum of Sh566 million while outside campaigning, unlike in the past when they had to turn to their savings and other sources of funding, because Parliament would have been dissolved and the House payroll closed.

Some of the MPs are insisting that the Bill gives them the mandate to remain in office until the next Government takes over in March next year. If they do so, then it would mean the Grand Coalition Government stands dissolved in January, and 60 days later the country goes to elections.

However, Justice Minister Mutula Kilonzo insists that according to the Constitution, the current Parliament will ‘die’ when the next one is sworn in. Going by the proposed date of December 17 for elections by Independent Electoral and Boundaries Commission (IEBC) and Cabinet, the next group of MPs could be sworn into office early next year.

"This means the current Members of Parliament will be in office until after the next elections as stipulated in Article 102 of the current Constitution," argues Mutula.

Should the MPs stay in office for an additional three months, they will cumulatively take home Sh566 million, because each of the 222 MPs will continue pocketing Sh851,000 each as monthly pay.

The statements of the two Government whips were also telling on which way the MPs will vote, with Mr Johnstone Muthama arguing: "It is up to members to decide, but what I can say is that we shall stick by the Constitution which states that members will have their full term."

On the other hand the other whip from ODM wing of the coalition, Mr Jakoyo Midiwo, argued his party would not support the amendment, but insisted the Constitution was clear on the fact that the President’s term ends on December 30, 2012 while the term for MPs expires on January 15 next year.

Over the weekend, Immigration Minister Otieno Kajwang drew attention to the good tiding awaiting MPs when he declared the Bill proposes Coalition Government will be in force until the next government is in place.

"That therefore means dissolution of Parliament does not arise because the MPs will continue being in office until another government is formed," Kajwang added.

Main beneficiaries

He said when the Amendment Bill is passed, it would also cater for one-third of women being nominated by the political parties if the one-third threshold for women in elective posts will be met during the elections.

Also, it now appears MPs could turn out to be the major beneficiaries of this confusion as they are likely to use it to ensure they are paid for as long as the new government has not taken over because of the argument they are part and parcel of the ruling coalition, and so you can’t have one and not the other.

In the current situation, and that is the window the MPs want to take advantage of, the Bill proposes that the President, PM and other Cabinet members remain in office until the handover to the next group. MPs argue they are part of the coalition and their exit would create a vacuum, just like that of ministers leaving.

Mutula strongly argues the President Kibaki and Prime Minister Raila Odinga cannot move fast to declare when the elections would be held as directed by a constitutional court in January, since another hurdle is still in place.

Parliament, which reconvenes this afternoon after a two-month recess, is already perusing the draft Bill, filed by Mutula on behalf of the Cabinet.

On Monday, Mutula argued that nobody could dissolve the Tenth Parliament.

"I repeat and mark my words nobody can dissolve Parliament and those misadvising the two principals that they can are only leading them the wrong way," he added.

He pointed out that dissolving the current coalition government would leave the country without Cabinet ministers since the current ones were appointed under the National Accord. "You dissolve the coalition then where do you get the ministers to run the Government since the ministers were appointed in accordance with National Accord whose posts are not protected under the Transitional Clauses," he added.

The Parliamentary Select Committee on Implementation of the Constitution (CIOC) chaired by Mandera Central MP Abdikadir Mohammed starts public hearings on Thursday on the Bill, before it comes up for debate in the House.

Before the House went on recess last year, House Speaker Kenneth Marende ruled that the Bill as approved by the Cabinet was properly before Parliament, and allowed Mutula to move it for a First Reading.

This set in motion the process as demanded by the Constitution, with a 90-day period to allow the public air their views before the Bill reverts to the House for its Second Reading on February 23, after having been read for the first time on November 23 last year.

Probable scenario

Abdikadir told The Standard that if the two principals have to set a date, then they would have to contend with January 14, which is when the current Parliament was sworn in.

"The current Constitution, which encompasses the National Accord, has saved the life of the current Parliament which ends on January 14 (next year)," he added.

In the event that the Bill is defeated in Parliament, Abdikadir added that MPs would remain in office, even if the House does not, sit up to January 14, and the IEBC can hold elections 60 days after this date.

If the Bill sails through, said Abdikadir, then the election date of December 17 is more than likely and the IEBC would work towards that date with MPs staying in office until then.

"By passing this Bill there will be no need for both President and PM to worry about agreeing on when the elections will be held, because everything will be clear," Mutula added.

The minister further noted that the sooner the Bill is passed after the public hearings, the better, as this would enable IEBC to plan the polls with certainty.

"Parliament would automatically stand dissolved on October 17 [if the Bill passes] and the electoral commission will have the 60 days within which to organise the elections to be held on the third Monday of December, which will fall on December 17," he added.

"It is a fallacy to state that the first election must be held in August," argued Abdikadir.

"The date of the elections is set out in the body of the Constitution which deals with the new Constitution while the life of the current Parliament is saved in the old Constitution," added Abdikadir.

Source: The Standard