Group Information
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- Name : PROUD TO BE KENYAN
- Policy: Public
- Members: 316
- Administrator: mresh
- Country/Territory:Kenya
- Founded On: December 13, 2006
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- Forum > Kenyans Fighting Parliamentarty Impunity!!
8/1/2009 1:29 PM Kenyans Fighting Parliamentarty Impunity!! (0 Comment)
- Nicholas
- 35, Kenya
Kenyans Fighting Parliamentarty Impunity!!
Kenyans for Justice and Development (KEJUDEV)
Citizen against Wasteful Government and Political Impunity
Slogan: Fagia
Titled
Abusing the Power to Represent: A Summary of Issues Raised in the Nairobi High Court Petition No. 769 of 2008
KEJUDEV is hosted by the Centre for Law and Research International (CLARION)
P.O. Box 46991 – 00100,
Nairobi – Kenya
Tel: (+254 – 02) 3871614
Fax: (+254 – 02) 3871857
CELL (Mobile): (+254) 722610567
Email: info@clarionkenya.org
Website: www.clarionkenya.org
Executive Summary
The constitution of Kenya is the supreme law of the republic. It prevails over the voids any law that is inconsistent with it to the extent of inconsistency.
This basic constitutional principle was quietly ousted in 1999 with the coming into force of the constitution of Kenya amendment Act to disable many important constitutional provisions that created am institutional framework of democratic controls, checks and balances anchored on the principle of separation of powers between the Executive, legislature and the Judiciary. The law states categorically that it is superior to the constitution and where there is inconsistency, it prevails.
Hence, in its effect, that 1999 amendment overthrows the Constitution and elevates the PSC to the fourth arm of government, or worse still to a parallel government. Thus the PSC operates outside all counterbalancing constitutional controls.
Under the guise for catering for the welfare of the parliamentarians, the PSC has used its vast powers to pay parliamentarians unreasonable salaries and allowances which it charges directly to the consolidated fund, unchallenged.
It is in total violation of the principle of separation of powers for the MPs to take powers of the executive to determine their salaries and allowances. Judges do not set their salaries and allowances, the President’s salaries and allowances are set by Parliament not the Executive. For proper checks and balances, the Executive must set the salaries and allowances of MPs as it used to do.
Prayers to the High Court
In light of the above, a group of Kenyans have petitioned the High Court, seeking orders to have the PSC declared unconstitutional along with the law that it created. Further, they want the high court to recover the following money and resources the PSC has squandered on parliamentarians since 2003
Kshs 5,000 sitting allowances
Members of parliament are paid sitting allowances of Kshs. 5,000 purportedly as an incentive to attend parliamentary sessions. The national assembly sits four times a week (once on Tuesdays and Thursdays and twice on Wednesdays). Each MP therefore earns Kshs. 20,000 per week, translating to Kshs. 80,000 per month per month, for doing what they have already been paid a salary to do. Further, MPs earn hefty allowances every time they participate in sessions of Standing Committees; every time they travel on national business; and whenever they work over-time, or when Parliament is not in session. Since the mandate of MPs requires them to transact their business in the house, this payment is both immoral and illegal.
The petitioners are seeking High Court orders to stop this anomaly and further, to recover all the moneys paid out as sitting allowances to all MPs since 2003.
Kshs. 1.5M “Winding Up” Allowance
The PSC approved and paid Kshs. 1.5 Million “Winding Up” allowance to each MP in the 9th Parliament, calculated at the rate of Kshs. 300,000 per year for the 5-year term served. This is illegal since our contract with them was expiring and not being terminated.
Furthermore, about 35% of the Mps were elected back into the 10th Parliament from the 9th Parliament. Does it mean re-elected MPs will keep being paid to “wind-up” every time their terms end? Are MPs being bribed here to so that they can go home?
The petitioners are asking the Court to stop this allowance and to order the recovery of all the moneys paid out as winding –up allowances to all members of the 9th Parliament.
Kshs. 3.3 Million Duty free Vehicles
At the beginning of every 5- year term, PSC gives a Kshs. 3.3 million motor vehicle purchase grant each MP, as well as the Speaker and Deputy Speaker, Vice-President, Ministers and Assistant Ministers.
The PSC also gives each MP car maintenance allowance of Kshs. 900,000 per year. For all intents and purposes, these vehicles are used as though they belong to the MPs. In deed, they posses private number plates, and are not surrendered back to the public/government at the end of the parliamentary term.
In any case, why would a top range vehicle costing Kshs. 3.3M require such a hefty maintenance allowance even when it is a brand new? And why would that amount remain uniform over the five year?
To make matters worse, t evidence that not all Mps use the money to purchase vehicles. Some MPs have diverted it to other purposes, but still claim the Kshs. 900,000 maintenance allowance. This is fraud, a crime in Kenyan law.
Other than the maintenance allowance being illegal and immoral, item purchased using public money for official purposes must remain the property of the public.
The petitioners are asking the court to order that the motor vehicles be identified as public/government property by being fitted with GK number plates as required by law. It should also order that MPs surrender the vehicles at the end of each parliamentary term since they are public property. MPs from the 9th Parliament must surrender the vehicles purchased for them immediately.
Self- Exemption from the payment of Income Tax
It is fundamental duty of that every citizen to pay taxes. Payment of tax is based on ability not status. The self-exemption of Mps from the payment of tax on the Kshs. 600,000 allowance they receive every month and which is irregularly conferred under the National Assembly Remuneration Act (cap 5) is illegal.
By exempting themselves from paying taxes on their hefty allowances, MPs have abused Parliament’s Legislative power and made rules that are discriminative. By conferring upon themselves benefits and advantages not available to other Kenyans, including public servants, MPs have breeched the principles upon which taxation is based. Parliament has no constitutional powers to confer upon its members, privileges and advantages that are not enjoyable by their electors and the general citizenry.
If each MP in the 10th parliament paid tax on both salaries and allowances as other Kenyans do, the government would raise more than Kshs. 3Billion. The money could be used to subsidize agricultural inputs and thus aid in assuring food security, or better still, subsidize secondary school education.
The petitioners are asking the High Court to declare the law exempting MPs from taxation as unconstitutional, and to order MPs to pay all their taxes in full.
Rejecting the Akiwumi Tribunal
When Kenyans recently demanded the taxation of MPs, The PSC Chair, National assembly Speaker Kenneth Marende formed the Akiwumi Tribunal to review the remuneration of MPs and their taxation. We reject this self-serving action by beneficiaries of the fraud. MPs should not be allowed to set conditions upon which they are taxed. Secondly, why should MPs set their remuneration? Finally, the Akiwumi Tribunal is a consultancy for the PSC who appointed them and they cannot purport to be independent.
For the reasons above, the petitioners want the court to declare that the Justice (Rtd) Akilano Akiwumi Tribunal reviewing MPs’ remuneration does not meet the basic requirements of an independent body and is simply a mechanism of manipulation to justify the evil designs of MPs and the PSC.
Further, because of the same argument the report of the likewise Appointed Cocker Tribunal, That was used to astronomically raise MPs’ emoluments should be nullified along with all the allowances the PSC made based on its recommendations since it was not independent. As a matter of fact, most of the issues being petitioned were not contained in the Cocker report at all, but resulted from a fraudulent commentary the PSC itself made on the cocker Report!
Comparison of Recent Allocations to PSC and CDF
Financial Year
2007/2008
PSC - 6,588,572,070.00
CDF - 9,797,000,000.00
(AMOUNTS IN KSHS.)
2008/2009
PSC - 7,245,304,554.00
CDF - 9,797,000,000.00
It is both outrageous and unacceptable that a country as poor as Kenya should spend Kshs. 7.245 Billion on 222 MPs and Kshs. 9.797Billion on 37million citizens in a year. Do not forget that during the said period. Kenyans went through trauma caused by the Post Election Violence occasioned by the same politicians, which destroyed many livelihoods.
Note also that in the two years there has been an increase in the PSC allocation and not the CDF. This shows where the real priorities of the MPs are; certainly not with the public they pretend to represent! Finally, do not forget that there are many cases of complaints against MPS on the use of CDF. MPs have used CDF corruptly; they have made their relatives, campaign managers, and friends in charge of CDF. Many of them have sued by aggrieved members of the public because of the corruption and for influencing allocation of CDF only to areas that supported them!
Becoming a Petitioner
Please contact CLRION and become a petitioner in this case so that you can be part of the citizens’ movement demanding an end to wasteful government and political impunity.
Citizen against Wasteful Government and Political Impunity
Slogan: Fagia
Titled
Abusing the Power to Represent: A Summary of Issues Raised in the Nairobi High Court Petition No. 769 of 2008
KEJUDEV is hosted by the Centre for Law and Research International (CLARION)
P.O. Box 46991 – 00100,
Nairobi – Kenya
Tel: (+254 – 02) 3871614
Fax: (+254 – 02) 3871857
CELL (Mobile): (+254) 722610567
Email: info@clarionkenya.org
Website: www.clarionkenya.org
Executive Summary
The constitution of Kenya is the supreme law of the republic. It prevails over the voids any law that is inconsistent with it to the extent of inconsistency.
This basic constitutional principle was quietly ousted in 1999 with the coming into force of the constitution of Kenya amendment Act to disable many important constitutional provisions that created am institutional framework of democratic controls, checks and balances anchored on the principle of separation of powers between the Executive, legislature and the Judiciary. The law states categorically that it is superior to the constitution and where there is inconsistency, it prevails.
Hence, in its effect, that 1999 amendment overthrows the Constitution and elevates the PSC to the fourth arm of government, or worse still to a parallel government. Thus the PSC operates outside all counterbalancing constitutional controls.
Under the guise for catering for the welfare of the parliamentarians, the PSC has used its vast powers to pay parliamentarians unreasonable salaries and allowances which it charges directly to the consolidated fund, unchallenged.
It is in total violation of the principle of separation of powers for the MPs to take powers of the executive to determine their salaries and allowances. Judges do not set their salaries and allowances, the President’s salaries and allowances are set by Parliament not the Executive. For proper checks and balances, the Executive must set the salaries and allowances of MPs as it used to do.
Prayers to the High Court
In light of the above, a group of Kenyans have petitioned the High Court, seeking orders to have the PSC declared unconstitutional along with the law that it created. Further, they want the high court to recover the following money and resources the PSC has squandered on parliamentarians since 2003
Kshs 5,000 sitting allowances
Members of parliament are paid sitting allowances of Kshs. 5,000 purportedly as an incentive to attend parliamentary sessions. The national assembly sits four times a week (once on Tuesdays and Thursdays and twice on Wednesdays). Each MP therefore earns Kshs. 20,000 per week, translating to Kshs. 80,000 per month per month, for doing what they have already been paid a salary to do. Further, MPs earn hefty allowances every time they participate in sessions of Standing Committees; every time they travel on national business; and whenever they work over-time, or when Parliament is not in session. Since the mandate of MPs requires them to transact their business in the house, this payment is both immoral and illegal.
The petitioners are seeking High Court orders to stop this anomaly and further, to recover all the moneys paid out as sitting allowances to all MPs since 2003.
Kshs. 1.5M “Winding Up” Allowance
The PSC approved and paid Kshs. 1.5 Million “Winding Up” allowance to each MP in the 9th Parliament, calculated at the rate of Kshs. 300,000 per year for the 5-year term served. This is illegal since our contract with them was expiring and not being terminated.
Furthermore, about 35% of the Mps were elected back into the 10th Parliament from the 9th Parliament. Does it mean re-elected MPs will keep being paid to “wind-up” every time their terms end? Are MPs being bribed here to so that they can go home?
The petitioners are asking the Court to stop this allowance and to order the recovery of all the moneys paid out as winding –up allowances to all members of the 9th Parliament.
Kshs. 3.3 Million Duty free Vehicles
At the beginning of every 5- year term, PSC gives a Kshs. 3.3 million motor vehicle purchase grant each MP, as well as the Speaker and Deputy Speaker, Vice-President, Ministers and Assistant Ministers.
The PSC also gives each MP car maintenance allowance of Kshs. 900,000 per year. For all intents and purposes, these vehicles are used as though they belong to the MPs. In deed, they posses private number plates, and are not surrendered back to the public/government at the end of the parliamentary term.
In any case, why would a top range vehicle costing Kshs. 3.3M require such a hefty maintenance allowance even when it is a brand new? And why would that amount remain uniform over the five year?
To make matters worse, t evidence that not all Mps use the money to purchase vehicles. Some MPs have diverted it to other purposes, but still claim the Kshs. 900,000 maintenance allowance. This is fraud, a crime in Kenyan law.
Other than the maintenance allowance being illegal and immoral, item purchased using public money for official purposes must remain the property of the public.
The petitioners are asking the court to order that the motor vehicles be identified as public/government property by being fitted with GK number plates as required by law. It should also order that MPs surrender the vehicles at the end of each parliamentary term since they are public property. MPs from the 9th Parliament must surrender the vehicles purchased for them immediately.
Self- Exemption from the payment of Income Tax
It is fundamental duty of that every citizen to pay taxes. Payment of tax is based on ability not status. The self-exemption of Mps from the payment of tax on the Kshs. 600,000 allowance they receive every month and which is irregularly conferred under the National Assembly Remuneration Act (cap 5) is illegal.
By exempting themselves from paying taxes on their hefty allowances, MPs have abused Parliament’s Legislative power and made rules that are discriminative. By conferring upon themselves benefits and advantages not available to other Kenyans, including public servants, MPs have breeched the principles upon which taxation is based. Parliament has no constitutional powers to confer upon its members, privileges and advantages that are not enjoyable by their electors and the general citizenry.
If each MP in the 10th parliament paid tax on both salaries and allowances as other Kenyans do, the government would raise more than Kshs. 3Billion. The money could be used to subsidize agricultural inputs and thus aid in assuring food security, or better still, subsidize secondary school education.
The petitioners are asking the High Court to declare the law exempting MPs from taxation as unconstitutional, and to order MPs to pay all their taxes in full.
Rejecting the Akiwumi Tribunal
When Kenyans recently demanded the taxation of MPs, The PSC Chair, National assembly Speaker Kenneth Marende formed the Akiwumi Tribunal to review the remuneration of MPs and their taxation. We reject this self-serving action by beneficiaries of the fraud. MPs should not be allowed to set conditions upon which they are taxed. Secondly, why should MPs set their remuneration? Finally, the Akiwumi Tribunal is a consultancy for the PSC who appointed them and they cannot purport to be independent.
For the reasons above, the petitioners want the court to declare that the Justice (Rtd) Akilano Akiwumi Tribunal reviewing MPs’ remuneration does not meet the basic requirements of an independent body and is simply a mechanism of manipulation to justify the evil designs of MPs and the PSC.
Further, because of the same argument the report of the likewise Appointed Cocker Tribunal, That was used to astronomically raise MPs’ emoluments should be nullified along with all the allowances the PSC made based on its recommendations since it was not independent. As a matter of fact, most of the issues being petitioned were not contained in the Cocker report at all, but resulted from a fraudulent commentary the PSC itself made on the cocker Report!
Comparison of Recent Allocations to PSC and CDF
Financial Year
2007/2008
PSC - 6,588,572,070.00
CDF - 9,797,000,000.00
(AMOUNTS IN KSHS.)
2008/2009
PSC - 7,245,304,554.00
CDF - 9,797,000,000.00
It is both outrageous and unacceptable that a country as poor as Kenya should spend Kshs. 7.245 Billion on 222 MPs and Kshs. 9.797Billion on 37million citizens in a year. Do not forget that during the said period. Kenyans went through trauma caused by the Post Election Violence occasioned by the same politicians, which destroyed many livelihoods.
Note also that in the two years there has been an increase in the PSC allocation and not the CDF. This shows where the real priorities of the MPs are; certainly not with the public they pretend to represent! Finally, do not forget that there are many cases of complaints against MPS on the use of CDF. MPs have used CDF corruptly; they have made their relatives, campaign managers, and friends in charge of CDF. Many of them have sued by aggrieved members of the public because of the corruption and for influencing allocation of CDF only to areas that supported them!
Becoming a Petitioner
Please contact CLRION and become a petitioner in this case so that you can be part of the citizens’ movement demanding an end to wasteful government and political impunity.