By Agwanda Saye
The Law Society of Kenya (LSK) will move to court seeking Constitutional interpretation over salaries demanded by elected leaders.
LSK Chairman Mr. Eric Mutua said that the High Court should rule on whether Parliament has powers to both make and interpret laws.
“We (LSK) have written to the Speaker of the National Assembly (Justin Muturi) expressing concern on this dangerous trend by the Eleventh Parliament,” Mr. Mutua said.
He said that unless the Speaker pronounces himself as per the law, LSK would move to court in line with the Constitution.
“The bullying tactics employed by Parliament to send home the Salaries and Remuneration Commission (SRC) for performing its Constitutional roles is wrong,” Mr. Mutua said.
The LSK Chairman regretted that attempts by elected representatives from the Senate, National Assembly, Governors and County Representatives to dictate and determine their remuneration was unconstitutional.
“The supreme law ended the era when elected leaders could use their muscle to illegally determine their remuneration,” Mr. Mutua said.
The LSK Chairman said that it was sad that the National Assembly now purports to make laws and interpret the same.
“Parliament is overstepping its mandate and usurping powers from the Judiciary, which is empowered to interpret the law,” Mr. Mutua said.
Mr. Mutua said that the rule of law must be followed arguing that the Constitution – as the supreme law – must not be watered down.
“Constitutional bodies like SRC must be protected when undertaking their roles and mandate,” Mr. Mutua said. The SRC , which has powers to determine the pay of public officers pegged MPs salary at Sh532,000 from Sh851,000 earned by Members of the Tenth Parliament
Mr. Mutua said that Article 251 of The Constitution provided reasons that may send home a Commissioner or holder of an independent body.
“The major reasons include serious violation of the Constitution or any other law, gross misconduct, physical or mental incapacity, incompetency or bankruptcy,” Mutua said.
The LSK had recently called on the Speaker of the National Assembly to determine whether debating the motion to send SRC home was Constitutional.
“SRC is a Constitutional body and can only be dissolved following a referendum as provided in the supreme law,” Mr. Mutua said.
He said that it was disturbing for a section of MPs to poison minds of the electorate that the SRC did not follow the law when it harmonized their salaries.
Ends