Post by jonah on May 1, 2012 11:24:21 GMT 3
Constitutional Petition 175 of 2012 was filed before the Constitutional Division of the High Court of Kenya on 27th April 2012 and after a hearing, before Lady Justice Mumbi Ngugi on the same day at Milimani High Court, was certified as urgent.
Justice Ngugi ordered the petition be served on the respondents and to be heard before Mr. Justice David Majanja on Thursday May 3rd 2012.
The petitioner is Jayne Mati (of Mars Group Kenya) acting in defence of the Constitution of Kenya and in the public interest. The respondents are the Attorney General, the Speaker of the National Assembly and the Minister for Finance.
On 19th April 2012, the Minister for Finance surreptitiously introduced two Amendments to the Finance Bill which increased benefits to Members of the National Assembly. Both amendments were passed largely without objection, within minutes, on the same day.
The effect of the 1st amendment to the Finance Bill is to amend the National Assembly Remuneration Act in order increase the pay of the Deputy Speaker of Parliament and the members of the Chairmen’s panel by an additional Kshs.2.4million per annum to be paid as Parliamentary Responsibility Allowance with effect from the 1st of January 2006. Each Parliamentary Service Commissioner is similarly intended to receive an additional Kshs.1.2 million per annum paid as Parliamentary Responsibility allowance with effect from the 1st January 2006.
The effect of the 2nd amendment to the Finance Bill is to increase the benefits of all the members of the National Assembly by increasing their severance allowance from the Kshs 300,000 per year already provided for to a severance pay of Kshs 744,000 per year (multiplied over the years of service).
The Amendments are being challenged as having no effect, because they are in violation of Articles 1, 2, 3, 10, 73, 75, 116, 122, 159, 230, 258 and 259 of the Constitution of the Republic of Kenya.
The Petition was certified urgent for the following reasons:
1. THAT the National Assembly has passed the Finance Bill, 2011 with amendments to the National Assembly Remuneration Act (cap 5) Laws of Kenya purporting to review and/or increase the remuneration of the members of the National assembly.
2. THAT the amendment to review the allowances of the members of the National Assembly or any state officer without the say so of the Salaries and Remuneration Commission is ultra vires Articles 230 of the Constitution of the Republic of Kenya.
3. THAT the passing of the Finance Bill, 2011 with amendments to the National Assembly and Remuneration Act (cap 5) Laws of Kenya directly infringes Article 230 of the Constitution of Kenya which gives the mandate of reviewing salaries and remuneration of all State Officers to the Salaries and Remuneration Commission. Members of Parliament are State Officers.
4. THAT the amendments, aforesaid, are backdated and intended to take effect from the 1st January 2006 and therefore will confer a direct pecuniary gain to members of the 10th Parliament contrary to the express provisions of Article 116 (3) of the Constitution of Kenya.
5. THAT the Finance Bill is imminently to be presented to the President of the Republic of Kenya for his assent propagating the Infringement
6. THAT wanton violation of the Constitution for personal ends as have been committed by the National Assembly is a most weighty matter that calls for the urgent intervention of the Court to act in defence of the Constitution and enforce the provisions of Articles 116(3) and 230 of the Constitution of Kenya.
7. THAT as such, this matter raises serious Constitutional issues and is deserving to be given an urgent hearing.
This is test litigation with grave constitutional implications.
Did the promulgation of the new Constitution not abolish the power of the National Assembly to fix its own salaries, remuneration, benefits and allowances?
The petition can be read at : blog.marsgroupkenya.org/?p=2914
Justice Ngugi ordered the petition be served on the respondents and to be heard before Mr. Justice David Majanja on Thursday May 3rd 2012.
The petitioner is Jayne Mati (of Mars Group Kenya) acting in defence of the Constitution of Kenya and in the public interest. The respondents are the Attorney General, the Speaker of the National Assembly and the Minister for Finance.
On 19th April 2012, the Minister for Finance surreptitiously introduced two Amendments to the Finance Bill which increased benefits to Members of the National Assembly. Both amendments were passed largely without objection, within minutes, on the same day.
The effect of the 1st amendment to the Finance Bill is to amend the National Assembly Remuneration Act in order increase the pay of the Deputy Speaker of Parliament and the members of the Chairmen’s panel by an additional Kshs.2.4million per annum to be paid as Parliamentary Responsibility Allowance with effect from the 1st of January 2006. Each Parliamentary Service Commissioner is similarly intended to receive an additional Kshs.1.2 million per annum paid as Parliamentary Responsibility allowance with effect from the 1st January 2006.
The effect of the 2nd amendment to the Finance Bill is to increase the benefits of all the members of the National Assembly by increasing their severance allowance from the Kshs 300,000 per year already provided for to a severance pay of Kshs 744,000 per year (multiplied over the years of service).
The Amendments are being challenged as having no effect, because they are in violation of Articles 1, 2, 3, 10, 73, 75, 116, 122, 159, 230, 258 and 259 of the Constitution of the Republic of Kenya.
The Petition was certified urgent for the following reasons:
1. THAT the National Assembly has passed the Finance Bill, 2011 with amendments to the National Assembly Remuneration Act (cap 5) Laws of Kenya purporting to review and/or increase the remuneration of the members of the National assembly.
2. THAT the amendment to review the allowances of the members of the National Assembly or any state officer without the say so of the Salaries and Remuneration Commission is ultra vires Articles 230 of the Constitution of the Republic of Kenya.
3. THAT the passing of the Finance Bill, 2011 with amendments to the National Assembly and Remuneration Act (cap 5) Laws of Kenya directly infringes Article 230 of the Constitution of Kenya which gives the mandate of reviewing salaries and remuneration of all State Officers to the Salaries and Remuneration Commission. Members of Parliament are State Officers.
4. THAT the amendments, aforesaid, are backdated and intended to take effect from the 1st January 2006 and therefore will confer a direct pecuniary gain to members of the 10th Parliament contrary to the express provisions of Article 116 (3) of the Constitution of Kenya.
5. THAT the Finance Bill is imminently to be presented to the President of the Republic of Kenya for his assent propagating the Infringement
6. THAT wanton violation of the Constitution for personal ends as have been committed by the National Assembly is a most weighty matter that calls for the urgent intervention of the Court to act in defence of the Constitution and enforce the provisions of Articles 116(3) and 230 of the Constitution of Kenya.
7. THAT as such, this matter raises serious Constitutional issues and is deserving to be given an urgent hearing.
This is test litigation with grave constitutional implications.
Did the promulgation of the new Constitution not abolish the power of the National Assembly to fix its own salaries, remuneration, benefits and allowances?
The petition can be read at : blog.marsgroupkenya.org/?p=2914
