REPUBLIC OF KENYA

Statute Law (Miscellaneous Amendments) Bill 2007

PETITION FROM Mwalimu Mati AND OTHERS OF LIKE DISPOSITION

Wednesday 8th August 2007

TO THE PARLIAMENT OF KENYA ASSEMBLED.

THE HUMBLE PETITION of Mwalimu Mati a citizen and others of like disposition as herein-undersigned.

AGAINST the Statute Law (Miscellaneous Amendments) Bill 2007 – on procedure – on merits – and praying to be heard by Counsel and Committee

            SHEWETH AS FOLLOWS:-

 

  1. THAT the Statute Law (Miscellaneous Amendments) Bill 2007 (Bill No. 23) hereinafter referred to as “the Bill” has been published and introduced into and is now pending in your Honourable House intituled “An Act of Parliament to make minor amendments to statute law”; and which proposes to amend the following written laws:

The Revision of Laws Act (Cap. 1 Laws of Kenya)
The National Assembly and Presidential Elections Act (Cap. 7 Laws of Kenya)
The Judicature Act (Cap. 8 Laws of Kenya)
The Advocates Act (Cap. 16 Laws of Kenya)

  1. THAT despite the Bill as published on 18th May 2007 proposing only minor amendments to the listed written laws, the Honourable Minister of Finance has given Notice in the Order Paper of your Honourable House for Thursday 26th July 2007 (No. 68 at pages 393 and 394) of his intention to place before the Honourable House major amendments to the National Assembly Remuneration Act (Cap. 5 Laws of Kenya) despite Cap. 5 not being among the written laws to be amended by the Statute Law (Miscellaneous Amendments) Bill 2007.  Specifically, the Order Paper states as follows:

“NOTICE has been received from the Minister for Finance of his intention to move the following amendments during the Committee Stage of the foregoing Bill.”

  1. THAT the Order Paper aforesaid indicates that the Minister for Finance intends to amend the Bill by inserting a new Clause No. 2A intituled “Commencement of amendments to Cap. 5.”  The said Clause 2A provides as follows:

“The amendments specified in the Schedule in relation to the National Assembly Remuneration Act shall be deemed to have come into operation on the 9th January 2003.”

  1. THAT in the aforesaid Order Paper the Honourable Minister of Finance further intends to move that 6 new items and corresponding entries be inserted immediately after the entries relating to item 4 of the Bill.  Specifically, the Honourable Minister of Finance intends that the new entries shall include allowances and gratuity payments calculated between 9th January 2003 and the end of the current Parliamentary term for named Members of your Honourable House including the Honourable the Vice President, other Honourable Ministers and Honourable Assistant Ministers; the Honourable The Speaker; the Honourable The Deputy Speaker; the Honourable Leader of the Official Opposition; the Honourable Vice Chairman of the Parliamentary Service Commission, the Honourable Government Chief Whip; the Honourable Parliamentary Service Commissioners; the Honourable Members of the Chairmen’s Panel; the Honourable Deputy Government Chief Whip; Honourable Opposition Whips and other recognized Whips; and the Honourable the Attorney General. 
  2. THAT the amendment of the National Assembly and Remuneration Act being moved by the Promoter is in violation of the Constitution of Kenya and the Standing Orders of the Parliament of Kenya, and specifically does not follow the procedure for making law in Kenya which requires that Bills be introduced and debated and passed strictly according to the Standing Orders of the Kenya National Assembly.
  3. THAT the amendment of the National Assembly Remuneration Act (Cap. 5 Laws of Kenya) is not warranted at this present time as a matter of public policy and national interest bearing in mind the socio-economic conditions of the Republic of Kenya and its citizens as detailed below:
    1. No independent body was constituted by the Parliamentary Service Commission to review the salaries of the Honourable Members of Parliament or recommend the currently proposed payment of gratuities to them; the appointment of such an independent body being a power of the said Parliamentary Service Commission provided for in Sec 45B (5)(h) of the Constitution of Kenya which reads as follows:

“The Parliamentary Service Commission shall have power -- from time to time, as necessity arises, to appoint an independent body to review and make recommendations on the salaries and allowances of the members of the Assembly”.

    1. Neither the estimates of expenditure nor the budget speech for the financial year 2007/2008 as read by the Honourable Minister of Finance made any provision for the aforementioned allowances and gratuity for the Honourable Members of the Parliament of Kenya as listed above in paragraph 4.
    2. The proposed payment of allowances and gratuities are intended to apply retrospectively to the 9th of January 2003, which will mean a charge on the Consolidated Fund of Ksh 1.4 billion, a large amount of money that cannot be the subject of a minor amendment as contemplated by the Bill as published on 18th May 2007.
    3. The proposed payment of allowances and gratuity have been rushed and therefore have not been given public consideration and debate as has become the tradition in Kenya for budgetary and expenditure estimates; and the citizens of Kenya have not been heard.
    4. That 46% of the population of Kenya lives below the absolute poverty line and it would be in the interest of the government of Kenya and all Kenyans that such funds as are proposed to be paid to the Honourable Members listed in paragraph 4 above be channeled towards ameliorating this situation.
    5. That it is unreasonable to expect that the Honourable Members of Parliament will objectively consider the proposed award of gratuities for the simple reason that they will be called upon sit and determine issues from which they themselves stand to make enormous personal gains.  This conflict of interest is unconstitutional and cannot be cured, without a free debate following direct lobbying of the Honourable Members of Parliament by their constituents, the citizens of Kenya.

WHEREFORE YOUR PETITIONERS PRAY:
1.         THAT your Honourable House shall urge the Ministry of Finance to withdraw the aforesaid Order Paper; and
2.         THAT your Honourable House shall leave the National Assembly Remuneration Act (Cap. 5 Laws of Kenya) un-amended until the Government of Kenya produces a comprehensive policy proposal that addresses all issues of Constitutional and Commonwealth principles on gratuities and takes into account former parliamentarians, and
3.         THAT the proposed payment of the proposed allowances and gratuity be deferred pending the establishment by the Parliamentary Service Commission of an independent body, pursuant to the provisions of section 45B(1)(h) of the Constitution of Kenya, and
4.         THAT that the Petitioners may be heard by themselves and/or Counsel and with witnesses in support of this petition against so much of the Bill as affects their rights and interests as citizens of Kenya and  that such other relief may be given to your petitioners in premises as your Honourable House shall deem fit.

AND YOUR PETITIONERS, AS IN DUTY BOUND, WILL EVER PRAY