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{
"id": 37924,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/37924/?format=api",
"text_counter": 138,
"type": "speech",
"speaker_name": "Mr. Raila",
"speaker_title": "The Prime Minister",
"speaker": {
"id": 195,
"legal_name": "Raila Amolo Odinga",
"slug": "raila-odinga"
},
"content": "Mr. Speaker, Sir, in this regard, the allegation that the Executive arm of the Government has failed to hire staff for the Commission is not true. (b) I now want to address this question of lack of accountability for funds allocated to the CIC in the Financial Year 2010/2011. As hon. Members are aware, no funds had been allocated to the CIC in the financial year 2010/2011. This is because the Commission was only constituted in December 2010 long after the Budget Estimates for the 2010/2011 financial year had been approved. However, during the same Financial Year, the Government allocated Kshs262 million to the CIC under Vote 017 of the Ministry of Justice, National Cohesion and Constitutional Affairs for preparations including staff salaries. Mr. Speaker, Sir, I would like to assure hon. Members that there has been neither budgetary nor audit queries from the Controller and Auditor-General to the Public Accounts Committee (PAC) in relation to the concerned Ministry’s expenditure during that financial year. The CIC’s recurrent and operational expenditure has always been incurred at the request of the Commission itself. In addition, the Commission is involved in all stages of procurement of goods and services for the Commission. Consequently, in view of the foregoing, the allegation that there has been lack of accountability by the Government for funds allocated to the CIC in the financial year 2010/2011 is not true. (c) Mr. Speaker, Sir, on the allegation that the Government has failed to pay CIC commissioners’ salaries for seven months, I would like to respond as follows: The CIC was established through the Commission for the Implementation of the Constitution Act (2010). Subsequently, the commissioners were sworn into office on January 4th this year. The CIC Act (2010) adequately provides for the determination of salaries and remuneration for the commissioners of the CIC. Article 18(1) of the Act reads as follows:- “The salaries and allowances payable to and other terms and conditions of service of the chairperson and members shall, pending the establishment of the Salaries and Remuneration Commission, be determined by the Public Service Commission (PSC) in consultation with the Treasury” In this regard, since the Salaries and Remuneration Commission has not been established yet, the CIC Act provides that the PSC in consultation with the Treasury determines the salaries and allowances payable to the CIC commissioners. Mr. Speaker, Sir, in May this year, my attention was drawn to concerns by the CIC commissioners over the delayed payment of their salaries. I directed that pursuant to the Act, consultations between the relevant Government agencies commence so that the matter could be resolved expeditiously. Subsequently, on May 16th and 20th this year, the PSC in accordance with the CIC Act held consultations with the Treasury where remuneration and terms for the commissioners of the CIC were agreed on. The PSC subsequently communicated the approved terms and conditions via the correspondence to the CIC on 25th of May 2011. These terms were then accepted by the CIC. Mr. Speaker, Sir, the Government has a responsibility and is, indeed, obligated to ensure that terms offered to the CIC Commissioners are within the Government’s pay policy framework and are affordable and sustainable concerning the implication of the remuneration of the many constitutional commissions and independent offices arising from the Constitution of Kenya 2010. However, in view of the foregoing, the Government agencies legally mandated to determine the salaries and allowances for the CIC commissioners have discharged their legal mandate and the Government is bound to abide by the clear provisions of the law. Mr. Speaker, Sir, it is true that genuine concerns have been raised with specific regard to the time taken for consultations to determine the salaries and remuneration of the CIC Commissioners. I want to inform hon. Members that the salaries have been approved. As I have indicated here, the Ministry of Finance has been directed to prepare and sign on behalf of the Government service contracts to the Chairperson and Members of CIC. Accordingly, I do hereby table the relevant correspondence."
}