Those of us privileged to be at Bomas of Kenya during the review of the Constitution were clear to establish the Salaries and Remuneration Commission to ensure salaries of all public and state officers are regulated.
We purposely ensured we populated the SRC with representatives of other commissions. If you look at the composition of the SRC, you will find a representative of the Parliamentary Service Commission. We thought that was necessary as those working in Parliament are public officials and would be catered for under the Public Service Commission.
SRC was also formed to circumvent the tendency of MPs to preside over the review of their own salaries and benefits. We felt it would be a conflict of interest if the Parliamentary Service Commission were to be formed. In the spirit of give and take, MPs insisted the commission was necessary and that they employ those who are not directly under the Public Service Commission.
At the SRC, we have a representative of the PSC, JSC, TSC, and National Police Service Commission, including the Defence Council and the Senate, on behalf of county governments, trade unions and the Federation of Kenya Employers. The whole idea was to ensure that no single entity in government, including Parliament, has a direct say on their pay and benefits.
It is completely unfortunate and unconstitutional for Parliament to veto a decision arrived at through constitutional and legal procedures by the SRC.
It is an attempt to torpedo the work of independent commissions, which are first and foremost people institutions whose main work is to exercise the sovereign power of the people. It is completely unfortunate Parliament has decided, because they have a grouse with the SRC, to attempt to assert its authority on matters constitutionally delegated to the commission.
I’d want to condemn, on behalf of civil society, that attempt by Parliament to throw out decisions that have been made by the SRC.
The SRC doesn’t do this out of nowhere. They look at the economic situation in the country.
Parliament should heed the advice of the SRC and support it because all constitutional commissions are accountable to Parliament.
Activist spoke to the Star
(Edited by V. Graham)