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Constitutional Review 
Monday, June 03, 2002 

Extending Parliament's Life: MPs Drop the Mask

By ROBERT ODUOL

The abortive move to extend the life of the current parliament by at least eight months has cast Kenya's Members of Parliament as a breed of people obsessed with self-preservation who are totally unconcerned about the state of the country's economy, which has been stagnant since 1992.

As Kenyans read greed for salaries and perks in the recommendations by the parliamentary select committee chaired by Energy Minister Raila Odinga, the proposal hit a dead-end on Friday when the committee beat a hasty retreat following severe criticism by the public.

The possibility of an extension of parliament became even remoter on Saturday when President Daniel arap Moi, in his Madaraka (Independence) Day celebrations remarks, hinted at snap elections soon.

The controversy was touched off on May 28 when Raila, while announcing the extension of the life of the Constitution of Kenya Review Commission (CKRC) to April next year, further recommended the extension of the life of the current parliament on the grounds that "there was unanimous feeling within the select committee that the general election be held under a new Constitution, and to enable the current members to debate and enact a new Constitution".

The 27-member CKRC led by Prof Yash Pal Ghai, had earlier in the year requested for more time, saying the commission was not in a position to come up with a new Constitution by its October 4 deadline. Some opposition legislators vowed not to vote against the proposal if it gets to parliament.

The parliamentary select committee, chaired by Raila, met again on Friday last week to prepare the recommendations it intended to present to parliament.

Gatundu North Social Democratic Party MP Patrick Muiruri was even more categorical. "Our people elected us to serve for only five years. To give ourselves a longer term would not only be against the peoples' wishes but, is also greedy, selfish and undemocratic," he said.

He said he was certain the proposal was popular with many MPs, implying that in the Kenyan parliament, greed overrides national interests.

The former MP for Lagdera, Farah Maalim, who is the current chairman of the Safina party, said: "Definitely when the issue comes to parliament, most of the MPs will support the call for an extension."

But Kabete MP Paul Muite said this was unlikely to happen. He said the burdens MPs shouldered were too heavy for any of them to seek an extension. So far, only a few MPs have come out openly in support of the term of the current parliament.

Mbita MP Otieno Kajwang', one of the leading supporters of the extension of the life of parliament, said last week that it would be necessary to "institutionalise" changes brought about by a new constitutional dispensation. 

Many Kenyans, however, say pecuniary interests are behind the desire of MPs in the current parliament to stay on. An opposition MP, Njeru Kathangu, said the ruling party Kanu would goad its members into voting for the extension as it ponders the tricky issue of succession and how to ensure that a new structure of government that would accommodate competing camps within the party is put in place.

Kenyan workers view the proposal as a betrayal of trust, especially after the government declined to improve the perks for teachers, nurses, doctors and local government employees.

If Mr Kathangu's claim that Kanu intended to change the current five-year parliamentary term to seven years turns out to be true, it would not be surprising to see the opposition and Kanu MPs vote in unison for an extension to the life of parliament. Unlike previous parliaments, the eighth parliament has, through the Parliamentary Service Commission, worked out for itself terms that are far more attractive than those of any previous assembly.

Formed in November 1999, the Commission's objective was to free the House from the whims of the executive. But not long after it came into existence, MPs negotiated a package that raised their travelling allowances from an average Ksh118,000 ($1,475) to Ksh336,000 ($4200) a month. Previously, the allowance had varied according to distance to constituencies, but this new one was to be worked out as a flat rate.

This particular pay rise boosted the salaries of backbenchers to around Ksh395,000 ($4,937). The vice president, the highest paid MP, takes home Ksh437,366 ($5,467), while the Speaker of the House draws about Ksh420,000 ($5,250) per month. Not long thereafter, MPs awarded themselves larger pensions in a deal that allowed MPs to become pensionable after only one term.

The Parliamentary Pensions (Amendment) Bill raised the pension of a 40-year-old MP to 15 per cent of the MP's gross earnings, even if he serves for only one term. 

Earlier on, MPs had voted themselves a hefty Ksh2.5 billion ($31.3 million) insurance scheme covering all manner of accidents and Ksh100 million ($1.25 million) for the refurbishment of Continental House, which houses MPs offices.

Along the way, a new security package, which included a gun for each MP and involved a per capital cost of about Ksh110,600 ($1,380) a year, was also worked out. The MPs also earn Ksh3,000 ($37.5) for every item of house business, such as those of departmental committees, which they participate in on non-parliamentary terms.

What is more, the MPs pay Ksh265 ($3.3) under the Pay-As-You-Earn (PAYE) tax category, which is 2.65 per cent of the Ksh10,000 ($125) listed on their payslips as salary.

In total, therefore, an MP in the current parliament can take home anything between Ksh500,000 ($6,250) and Ksh800,000 ($10,000) a month. This trend, however, did not begin with the eighth parliament. In November 1994,  members of the seventh parliament awarded themselves a 172 per cent salary and allowances increment. That, however, did not raise a public hue and cry, as the MPs' taxable pay at the time was only Ksh5,310 ($66.3).



Additional reporting by Fred Oluoch

 
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