President Uhuru Kenyatta has declined to sign into law the Parliamentary Service Bill, 2018 that had given MPs powers to determine their remuneration and benefits. In a memorandum to the National Assembly dated August 16, 2019, the President noted that signing the bill passed on July 4 into law, violates the Constitution.
He cited the following reasons:
“Clause 20 of the bill provides for facilitation of activities held outside the precincts of Parliament to members and staff of Parliament. Sub clause (2) provides that the Commission shall regularly review the domestic and international travel allowances applicable to members and staff of Parliament. However, sub clause (2) does not make reference to the roles of Salaries and Remuneration Commission under Article 230 (4).” Thus, he recommends deletion of Clause 20 of the bill.
“Clause 43, provides for remuneration of employees of the Commission. Sub clause (1) provides that the Commission shall determine the remuneration and allowances of its employees, while sub clause (2) provides the review cycle of the remuneration and benefits of the Commission’s employees. However, clause 43 does not take into account the advisory role of the Salaries and Remuneration Commission as set out in Article 234 (4) with respect to the determination or review of the remuneration of all other public officers.” He thus recommends that sub clause (1) be amended by inserting the words “on advice of Salaries and Remuneration Commission”; and in sub clause (2) “every three years or within such shorter period” be deleted; and the words “on advice of the Salaries and Remuneration Commission” be inserted.