“The Judges erred in their interpretation of the financial functions of the Parliamentary Service Commission (PSC) under the Constitution and Statute. Their interpretation renders the PSC powerless and irrelevant though PSC and SRC are at par as independent constitutional commissions established under Chapter 15 of the Constitution.” Prof. Ojienda argued for the PSC (Saturday Nation, January 23, 2021).
The PSC has no powers to establish expenditure items. To appear relevant, the PSC purported to create a monthly accommodation facilitation expenditure item for MPs and pegged it at Ksh. 250,000 per month, then, backdated it to 2018.
This is notwithstanding the MPs receive a consolidated pay package that includes their accommodation in Nairobi. They are also entitled to a highly subsidized mortgage scheme of Ksh. 40 million, repaid at 3% annual interest rate, to build or buy their own houses.
The Court has ordered its recovery from the MPs’ pay. The MPs established PSC in 1997 and inserted it in the Constitution as Article 127, with the mischief of targeting to raid public coffers.
The Commission is a conduit of passing stolen money (legislated theft) from public coffers to MPs’ bank accounts. It has no other substantive functions that necessitate its existence.
I agree with Prof. Ojienda’s observation and argument that PSC is powerless and irrelevant, if it is denied the function of helping MPs to steal money from public coffers.
The Commission is a huge cost that doesn’t add value to the electoral system. The MPs masquerade as employees of PSC.
Yet, PSC equals MPs and MPs equal PSC in all intents and practical purposes. The MPs are answerable to the electorate, not PSC.
We, already, petitioned the SRC to initiate the abolition of PSC and remove salary from the MPs’ pay package.