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"id": 1020269,
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"content": "present the Bill for assent to His Excellency the President in accordance with the provisions of the Constitution and our own Standing Orders. However, in exercise of the powers conferred under Article 115(1)(b) of the Constitution, His Excellency the President, by way of a Memorandum dated 7th September 2020, has since referred the Bill back to the National Assembly for reconsideration. Hon. Members, in his Memorandum, His Excellency the President has expressed reservations on Clause 2 of the Bill which sought to amend Section 8 of the Parliamentary Pensions Act (Cap. 196) to provide for an entitlement for former Members of Parliament who served between 1st July 1984 and 1st January, 2001 to a monthly pension of Kshs100,000. Amongst the reasons for his reservations, His Excellency the President notes the following: (i) Members’ pensions under the Act are calculated according to the contributions paid into the Scheme during their parliamentary term. The proposed amendment fails to provide for such calculation, and makes no reference to the Members’ contributions; (ii) The Bill overlooks the mandate of the Salaries and Remuneration Commission under the Constitution, which comprises, among other things, the setting and review of remuneration and benefits for all State officers, who include Members of Parliament; and, (iii) The proposed pension payment will result in an annual cost implication of about Kshs444 million. Added to this, will be the almost certain demand for similar upward review of pension benefits by other retired State and public officers, which is within their rights to demand. The resultant ripple effect is unaffordable and fiscally unsustainable. Consequently, His Excellency the President recommends the deletion of the said Clause 2 of the Bill, which as a matter of fact, is the primary content of the Bill. Hon. Members, Standing Order 154(2) requires the House to consider the President’s Reservations 21 days upon the receipt of the Memorandum. In this regard, the Reservations of the President, as contained in his Memorandum, now stand committed to the Departmental Committee on Finance and National Planning for consideration, which should table its report soonest to allow the House to consider the President’s Reservations within the said timelines. Hon. Members, may I, at this point, remind the House of the Speaker’s Communication of 28th July 2015 concerning the consideration of the President’s reservations to a Bill and amendments thereto. I particularly draw your attention to my guidance that the voting threshold for the passage of amendments proposed by a Committee or an individual Member that have the effect of fully accommodating the President’s reservations is a simple majority as contemplated under Article 122(1) of the Constitution as read together with Article 115(2)(a). On the other hand, an amendment that does not fully accommodate the President’s reservations or, indeed, one that has the effect of a total override of the President’s reservations, including negating his proposed text, would require a two-thirds voting threshold to be passed in keeping with the provisions of Article 115(4) of the Constitution. Hon. Members, I, therefore, direct the Clerk to circulate the Memorandum from His Excellency the President to all Members so that they can familiarise themselves with its contents. I thank you."
}