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{
    "id": 362284,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/362284/?format=api",
    "text_counter": 92,
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    "content": "Without prejudice to subsection (1), the Commission shall take into account the recommendations of previous commissions established to inquire into the matter of remuneration in the public service. So, if the Commission took into account the recommendations by the Akiwumi and Cockar commissions, they would have been able to make decisions that could not have been controversial and in contravention of Section 12 of their own Act. Hon. Deputy Speaker, I just wish to raise another third point before I go to the fourth because we have six points. The Kenya Gazette Notice also is in contravention of Section 41 of the Constitution. Article 41 of the Constitution states as follows: “Every person has the right to fair labour practices.” When you talk of “every person”, it follows that Members of Parliament are persons. What can we construe “fair labour practices” to mean? We are talking of Article 14 of the Protection of Wages Convention, 1949 which states as follows:- “Where necessary, effective measures shall be taken to ensure that workers are informed, in an appropriate and easily understandable manner – (a) before they enter employment and when any change take place, of the conditions in respect of wages under which they are employed; and (b) at the time of each payment--- .” Hon. Deputy Speaker, our submission is that Members of Parliament should have been informed of the purported changes in the remuneration structure of the office of Member of Parliament before they commenced the process of vying for Parliament. That might sound a bit funny but it is true because the general elections were held on 4th of March. A public officer interested in vying is required under Section 43(5) of the Elections Act to resign at least six months before the date of election. This meant that public officers who vied for elections resigned by September 2012. All this time the remuneration for Members of Parliament was Kshs851,000 set out in the National Assembly Remuneration Act. This is the basis upon which Members of Parliament vied for elections. I do not even think that we can be accused for that because for a fact it is true. Hon. Deputy Speaker, point number two on that issue is that the Salaries and Remuneration Commission (SRC) waited and you can see the mischief here. I want to invite the House and the nation to read the mischief. They waited until 1st of March just three days to the elections to publish the gazette notices. All persons who vied for elections knew all along that the remuneration for the office of Members of Parliament was Kshs851,000. It was therefore violation of the principles set out in the Protection of Wages Convention, 1949 for the SRC to purport to reduce the remuneration for Members of Parliament after they had undergone all the procedures necessary for them to be elected to the State office under the understanding that the remuneration was Kshs551,000. Hon. Deputy Speaker, the best conclusion I can make here is that this is equivalent to actually obtaining the services of these affected staff by fraud. SRC has exercised its powers in a manner that infringed on the legitimate and rightful expectations of Members of Parliament. This is even worse for Members of Parliament who came back to the Eleventh Parliament because they knew. They earned that amount for five years. They went for elections hoping it would be the same thing but when they came"
}