Unga Revolution

STOP, GREED AND IMPUNITY NOW!

(Bunge sio Biashara! Bunge ni Utumishi! )

It is in the public interest that we the members of UNGA REVOLUTION AND BUNGE LA MWANANCHI(grassroots movement)  make this  Public Petition  as provided in the constitution article 37,  As we are deeply concerned and disappointed that at a time when Kenyans are looking for a break from the past, legislators drawn from both houses of Parliament are bent on increasing their salaries.  The timing shows a collective greed reloaded  in total disregard of the values and principles of the constitution regarding the management and the governance over public resources as enshrined in Articles 1, 2, 10, 73, 74, 75, 94, 95, 96, 116, 201, 206 and 230.

We particularly take exception with the statements by Member of Parliament(MP) threatening to remove from office members of the Salaries and Remuneration Commission(SRC) for what some of the MPs consider as having breached the values of the Constitution in coming up with the new salary schemes for the MPs.

We Petition the Speaker of the National Assembly.

1.     That the Salaries and Remuneration Commission is an independent constitutional commission mandated to ensure that the total public compensation bill is fiscally sustainable, and respect values of social justice.

2.   

1. A.     According to Article 251(1) of the Constitution, Members of Parliament cannot remove a constitutional commission or their members for any other reasons other than    serious violation of the Constitution or any other law in contravention of Chapter 6 ;gross misconduct in performance of their roles; physical or mental incapacity to perform their functions; incompetence or bankruptcy.  The reasons so far stated by Members of Parliament led by Hon. Mithika Linturi do not meet these constitutional standards for removal of members of SRC. 
2. B.     The SRC in 2013 has proposed a downward review of MPs salaries from Kshs 851,000 per month paid to the 10th Parliament (2008- 2012) to Kshs 532,500 per month which was arrived through Public Participation as provided in the Constitution.

3. If they earn the minimum proposed, each Member of the National Assembly will earn from taxpayers over Kshs. 6.3 million annually and over Kshs. 31 million in the five years they will be in office.

4.    In total, all the 349 members of the National Assembly will in five years cost Kenyans over Kshs. 11 billion in salaries and allowances only.

5.    According to the SRC, before the downward review of the MPs’ salaries, Kenya’s wage bill took up more than one third (35%) of all taxes/revenue collected annually and is the highest compared to the average of other African countries (29.5%); Asian countries (23.1%) and the European Union (16.3%). MPs in a year will earn a total minimum of from taxpayers 2,230,110,000 for 349 persons. The public should be aware that the proposed salary of Kshs. 532,500 is not the total amount an MP makes. There are other perks that the MPs enjoy as follows:

6.    That    pursuant to Article 73 of the Constitution, the authority vested to them as State Officers in the senate or national assembly is a responsibility to serve the people..  It is immoral for the MPs to demand a pay hike even before they deliver on their mandate to Kenyans.

7.    We demand that the country’s resources be directed at addressing the critical social and economic issues affecting Kenyans Service delivery, in key sectors including security, education and health; infrastructure and food security require more urgent attention compared to the  greed of  MPs salaries.

Conclusion

In this regard we condemn this abominable, illegal, unethical and despicable misadventure by the legislature to: a) Unilaterally trash and rewrite at their own terms, their contract of service with their employer (the People of Kenya); b) Arbitrarily intimidate and arm-twist the SRC so as to have unfettered access to the public purse; and, c) Erratically harbour and unleash their unbridled quest for impunity on public resources.

We demand that the country’s resources be directed at addressing the critical social and economic issues affecting Kenyans as in Article 43 and  Service delivery in key sectors including security, education and health; infrastructure and food security require more urgent attention compared to MPs salaries.

By puting our signatures to this petition   we will be defending our constitution and reminding the president and the Mps that they took Oaths to defend the constitution  which is founded on values of public participation and social justice.

Bunge sio Biashara! Bunge ni Utumishi!

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