Entry Instance

HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept

{
    "id": 362290,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/362290/?format=api",
    "text_counter": 98,
    "type": "other",
    "speaker_name": "",
    "speaker_title": "",
    "speaker": null,
    "content": "Hon. Deputy Speaker, I do not need to explain even that one and so on and so forth. Hon. Deputy Speaker there is now a feeling that the pension benefits are being taken away. These benefits are calculated in accordance with the aggregate of all pensions after the commencement of this Act during which one is a member of the National Assembly. A pension is payable when an MP ceases to be a Member of the National Assembly. The point I want to make here is that pension has been approved for Members of Parliament. The law provides so. It will be illegal and unconstitutional for SRC to one morning give a gazette notice that nullifies what is provided for under statute. The Committee is, therefore, of the view that the terms of service of Members of Parliament are to be determined in accordance with the existing legal requirements or instruments and not just what the SRC thinks about. There is the problem of the purported exercise of legislative powers. Article 94 of the Constitution states: “The legislative authority of the Republic of Kenya is derived from the people and, at the national level, is vested and exercised by Parliament.” The Commission cannot, therefore, purport to take away that particular right. When the Commission issued a gazette notice which purports to completely repeal the Pensions Act and the sections that I have talked about, this amounts to assuming the responsibility of legislation which is not their mandate. Their mandate is well spelt in Article 230 of the Constitution. Hon. Deputy Speaker discrimination is another issue contrary to Article 27 of the Constitution. It provides that there shall be equality and freedom from discrimination. Every person is equal before the law and has the right of equal protection and equal benefit of the law. Equality includes the full and equal enjoyment of all rights and fundamental freedoms. It goes on to state that the State shall not discriminate directly or indirectly against any person on any ground including race and so on. As Members of Parliament we feel, and this is true, that there is an attempt by the Commission to discriminate against Members of Parliament. In all the four gazette notices the only institution whose terms have been reduced is the House. This is against the principles of Article 27 of the Constitution. The SRC has reduced remuneration for Members of Parliament while maintaining the remuneration for the Judiciary and other State officers currently in the office. This is discrimination against Members of Parliament and flagrant violation of provisions of Article 27 of the Constitution. Hon. Deputy Speaker, allow me to deal with the issue of failure to comply with Section 26 of the Salaries and Remuneration Commission Act. The Finance Act amended that particular section by requiring that the Commission must bring before the House any regulation. Section 26(1) and (2) of that Act is clear and yet the SRC has not complied. It was supposed to table the gazette notice before us so that we approve. Even as they make regulations they are supposed to do that. With regard to interference with the independence and internal workings of Parliament, Article 124 of the Constitution provides that each House of Parliament may establish committees and shall make Standing Orders for the orderly conduct of the proceedings, including the proceedings of the committees. Now, for the SRC to purport to begin to direct Parliament, that is, how many sittings they are supposed to have and"
}