The chairperson and members of the Salaries and Remuneration Commission could soon work part-time if MPs enact a proposed law seeking to change their terms of service.
The Lyn Mengich-led team currently works full-time, a situation that Kimilili MP Didmus Barasa wants changed “to reduce SRC’s operational costs.”
In a bill due at the National Assembly week, Barasa is proposing that the SRC chairperson and select members serve a fixed term of six years – but on an “as-needed” basis.
“The chairperson and members appointed under Article 230 (2) (a), (b) and (c) shall serve on a part-time basis for a non-renewable term of six years,” the Salaries and Remuneration Commission (Amendment) Bill, 2024 reads.
“The members appointed under Article 230 (2) (d) and (e) shall serve on a part-time basis,” it adds.
Barasa is ranking member of the ruling party, hence could get the blessings and facilitation of the party to fast-track the legislation.
If enacted, members of SRC nominated by various commissions and independent bodies will be affected.
They include nominees by the Parliamentary Service Commission, Public Service Commission, Judicial Service Commission, Teachers Service Commission, National Police Service Commission, the Defence Council, and the Senate – on behalf of county governments.
Members nominated by umbrella bodies representing trade unions, employers and joint forums of professional bodies also stand to be affected if the proposed change comes to fruition.
The Bill also provides that SRC commissioners representing the Finance Cabinet Secretary and Attorney General will also serve on a part-time basis and will be the nominee by the Public Service CS.
“Since the functions of the commission are periodic, the chairperson and members of the commission are not required to perform their duties on a full-term basis,” Barasa said in the Bill’s memorandum.
He says the commission's function of setting and reviewing the remuneration and benefits of all state officers as well as advising the national and county governments on the same be done occasionally.
“Therefore, the Bill seeks to reduce the operational costs of the commission associated with the full-term running of the commission,” the lawmaker said.
The proposed law may affect the current 11 members who serve on a full-time basis – in line with the existing law.
The current faces in the 14-member salaries agency include Mengich, Amani Yuda, Peris Ashubwe, Sophia Moturi, Kennedy Monyoncho, Leah Munyao, Margaret Sawe, Elizabeth Muchiri, Abdiwahab Abdi and Isaac Melly.
Other notable names are Treasury Cabinet Secretary Njuguna Ndungu, Attorney General Justin Muturi, Public Service CS Moses Kuria and Gender CS Aisha Jumwa – all of whom serve on part-time basis.
MP Barasa says that by changing the terms of the agency’s top guns, its costs of operation would be reduced drastically.
In the estimates for the current financial year, SRC was allocated Sh562 million to finance its operations.
The SRC chairperson, according to the commission’s circular on pay for state officers effective August 9, 2022, earns Sh765,188 per month in gross salary.
The vice chairperson is paid Sh650,000, the same amount paid to members of the constitutional commissions.
The commission put a fight against a recent bid by the Treasury to slash its budget by more than Sh60 million.
Presently, representatives of Treasury CS and Attorney General and the HR expert nominated by the Public Service CS serve on a part-time basis.
The chairperson and members appointed by the constitutional commissions and independent offices serve on a full-time basis.
Chairpersons, vice-chairpersons and commissioners serve on full-time and get sitting allowances of up to Sh40,000 for each sitting – up to Sh320,000 per month.
This is besides official transport, medical benefit, cheaper car loans of between Sh6 million and Sh8 million paid at three per cent, mortgage of up to Sh30 million, airtime and daily subsistence allowance for foreign and local travels.
Commissioners also earn an annual leave allowance of Sh50,000 and are also entitled to a life insurance and personal accident cover.
Barasa’s is the latest of attempt by MPs to tinker with the powers and functions of the salaries agency.
Another piece of legislation in the House seeks to give MPs powers to bypass SRC and determine their perks.
In the said bill, MPs want their salary determined by the Parliamentary Service Commission and not SRC.
The PSC is chaired by National Assembly Speaker Moses Wetang’ula and the majority of its members are sitting MPs.
But for the PSC, the bill is to clarify its mandate as compared to that of the SRC.
“PSC must ensure MPs can perform their dual roles of representation and legislation that requires them to operate from two points – constituency or county offices at Parliament in Nairobi,” the commission said in its pleadings to a House team to approve the proposal.
Recently, an audit flagged payments to commissioners at the Nairobi Rivers after it emerged they earned full-time salaries irregularly.
AG Nancy Gathungu said the appointment letters and Gazette Notice [No14891] appointing the commissioners did not specify appointments on a full-time basis.
“Further, the legislative mandate for full-time appointment of the commissioners was not provided for audit review,” she said.
Gathungu said the absence of the requisite documentation “renders the salary amount drawn for full-time engagement irregular and recoverable.”
SRC is, however, a commission created by the Constitution, but the terms are set in the Act of Parliament governing its operations.
