@BusinessDaily

PSC seeks court advice on 11th Parliament MPs’ payout

5 days ago, 19:00

By: Abiud Ochieng

The Parliamentary Service Commission (PSC) is seeking an advisory opinion from the Supreme Court on whether the lawmakers who served in the 11th Parliament and had their terms cut short by eight months are entitled to compensation.

The MPs and MCAs were all elected into office on March 3, 2013 — the first General Election under the 2010 Constitution.

The PSC says there is a legitimate expectation for compensation given that lawmakers were to serve for a five-year term up to March 3, this year.

“By various gazette notices published on March 17, 2017, the Independent Electoral and Boundaries Commission (IEBC), declared the next General Election to be held on August 8, 2017, as provided under the Constitution,” PSC in court papers.

As a result of the declaration, the MCAs filed a case at the High Court accusing the IEBC of calling elections prematurely, denying them eight months of service. Judgment was delivered on April 27, 2017, in favour of the MCAs to the effect that they were entitled to serve in line with the requirements of the Constitution. The PSC now wants the court to advise it on the matter.

The case will be heard on Tuesday next week.

Further, that they should therefore be paid their salaries and benefits for the eight months premature determination of their constitutional term. This decision was overturned by the Court of Appeal but the MCAs have since moved to the Supreme Court to challenge the appellate verdict which overturned their win.

The PSC says members of the eleventh parliament and the first MCAs, were elected into office on the same day and for an equal and similar constitutional term of five years.

Hence, taking into account the symbiotic relationship between the two tiers of governance at national and county levels, there is uncertainty as to whether MPs of the eleventh parliament are entitled to be paid their salaries and benefits for the eight months within which their constitutional term of office should have ended.


Read More


Category: business corporate news

Suggested

10 hours ago, 10:05
@BusinessDaily - By: Constant Munda
Landmines in Kenya’s piling debt

Some of the country's major debts mature this year with Treasury likely being forced to resort to refinancing ...

Category: business news corporate lifestyle economy markets
7 hours ago, 13:12
@AfricaNews - By: Africanews
U.S. warns African nations against Chinese debt, offers 'sustainable' alternative | Africanews

Unveiled in 2013, President Xi Jinping’s “Belt and Road” initiative aims to build an infrastructure network connecting China by land and sea to Southeast Asia, Central Asia, the Middle East, Eur ...

Category: africa topnews news africa_business business
4 hours ago, 16:13
@StandardMedia - By: James Wanzala
Standard writer gets online backing over SGR expose

Kenyans on social media especially Twitter have come out in large numbers to stand with Standard Group’s investigative reporter Paul Wafula ...

Category: business news
8 hours ago, 12:02
@CITIZENTV - By: Dennis Otieno
Kenya gets lifeline to fix local sugar sector with COMESA extension

Kenya gets lifeline to fix local sugar sector with COMESA extension ...

Category: topnews news business
2 hours ago, 17:34
@BusinessDaily - By: Benson Amadala   
Kakamega water firm pilots Sh190mn smart meters

The gadgets will automatically transmit data to a system for billing clients, eliminating need for meter readers ...

Category: business corporate news
2 hours ago, 17:59
@CapitalFMNews - By: Margaret Njugunah
Govt to push for legislation that supports local manufacturers

NAIROBI, Kenya, Jul 17 - The government will continue to push for legislations that support and protects local manufacturers in line with President Uhuru Kenya breaking news | Kenya news today | ...

Category: business

@BusinessDaily

PSC seeks court advice on 11th Parliament MPs’ payout

5 days ago, 19:00

By: Abiud Ochieng

The Parliamentary Service Commission (PSC) is seeking an advisory opinion from the Supreme Court on whether the lawmakers who served in the 11th Parliament and had their terms cut short by eight months are entitled to compensation.

The MPs and MCAs were all elected into office on March 3, 2013 — the first General Election under the 2010 Constitution.

The PSC says there is a legitimate expectation for compensation given that lawmakers were to serve for a five-year term up to March 3, this year.

“By various gazette notices published on March 17, 2017, the Independent Electoral and Boundaries Commission (IEBC), declared the next General Election to be held on August 8, 2017, as provided under the Constitution,” PSC in court papers.

As a result of the declaration, the MCAs filed a case at the High Court accusing the IEBC of calling elections prematurely, denying them eight months of service. Judgment was delivered on April 27, 2017, in favour of the MCAs to the effect that they were entitled to serve in line with the requirements of the Constitution. The PSC now wants the court to advise it on the matter.

The case will be heard on Tuesday next week.

Further, that they should therefore be paid their salaries and benefits for the eight months premature determination of their constitutional term. This decision was overturned by the Court of Appeal but the MCAs have since moved to the Supreme Court to challenge the appellate verdict which overturned their win.

The PSC says members of the eleventh parliament and the first MCAs, were elected into office on the same day and for an equal and similar constitutional term of five years.

Hence, taking into account the symbiotic relationship between the two tiers of governance at national and county levels, there is uncertainty as to whether MPs of the eleventh parliament are entitled to be paid their salaries and benefits for the eight months within which their constitutional term of office should have ended.


Read More

Category: business corporate news

Suggested

10 hours ago, 10:05
@BusinessDaily - By: Constant Munda
Landmines in Kenya’s piling debt

Some of the country's major debts mature this year with Treasury likely being forced to resort to refinancing ...

Category: business news corporate lifestyle economy markets
7 hours ago, 13:12
@AfricaNews - By: Africanews
U.S. warns African nations against Chinese debt, offers 'sustainable' alternative | Africanews

Unveiled in 2013, President Xi Jinping’s “Belt and Road” initiative aims to build an infrastructure network connecting China by land and sea to Southeast Asia, Central Asia, the Middle East, Eur ...

Category: africa topnews news africa_business business
4 hours ago, 16:13
@StandardMedia - By: James Wanzala
Standard writer gets online backing over SGR expose

Kenyans on social media especially Twitter have come out in large numbers to stand with Standard Group’s investigative reporter Paul Wafula ...

Category: business news
8 hours ago, 12:02
@CITIZENTV - By: Dennis Otieno
Kenya gets lifeline to fix local sugar sector with COMESA extension

Kenya gets lifeline to fix local sugar sector with COMESA extension ...

Category: topnews news business
2 hours ago, 17:34
@BusinessDaily - By: Benson Amadala   
Kakamega water firm pilots Sh190mn smart meters

The gadgets will automatically transmit data to a system for billing clients, eliminating need for meter readers ...

Category: business corporate news
2 hours ago, 17:59
@CapitalFMNews - By: Margaret Njugunah
Govt to push for legislation that supports local manufacturers

NAIROBI, Kenya, Jul 17 - The government will continue to push for legislations that support and protects local manufacturers in line with President Uhuru Kenya breaking news | Kenya news today | ...

Category: business
Our App