, NAIROBI, Kenya, Jul 18 – A High Court bench in a petition challenging the payment of monthly house allowances to Members of Parliament has set October 9 as the hearing date for the suit filed by the Salaries and Remuneration Commission (SRC) and human rights activist Okiya Omtatah.
Justices Pauline Nyamweya, John Mativo and Weldon Kori on Thursday directed parties to case to file their responses and submissions within 14 days.
The bench said it will deliver a ruling with regards to National Taxpayers Association (NTA) application to be enjoined to the suit on July 31.
The association argued that the proposed benefits by MPS are outside remuneration structures set out in the Constitution (2010)
NTA lawyer Victor Olewe, told the bench that the legislators’ allowances are consolidated within their pay structure.
He said the action by the Parliamentary Service Commission (PSC) has caused despondency and outcry to the already overburdened and overtaxed members of the public.
The petitioners have sued the PSC, Clerk of the Senate, Controller of Budget, National Treasury Cabinet Secretary and Attorney General.
The PSC awarded a monthly Sh250,000 in a move that attracted wide criticism.
SRC through lawyer Peter Wanyama sought to stop further payment of the house allowances and the recovery of the money paid to the MPs so far.
“The order sought is directed to the clerks of the Senate and National Assembly “to recover from…MPs any allowance paid pursuant to the illegal and unconstitutional decision of the respondents to pay house allowance outside the constitutional structure of remuneration and benefits of State officers in Parliament,” he stated.