It is not possible to be, physically, found in different places at the same time. You cannot have your cake and eat it.
The work for members of Parliament and county assembly is part time. The Constitution does not oblige them to be salaried (full time employees).
They should only be remunerated by being paid appropriate allowances whenever they avail themselves for representation, legislation and oversight activities.
Earn Appropriate Allowances
Therefore, MPs, rightly, earn appropriate allowances but use their privileged position to steal from the public by making themselves salaried.
It is unconstitutional and irregular for legislators to be salaried. The Constitution presumes that those offering themselves for election or nomination.
To legislative Chambers are patriotic leaders, ready to sacrifice for Kenya without strings attached.
Required To Renounce
This is why they are not required to renounce their means of earning a living unless they are public service employees who must, voluntarily, resign.
In this context, those who offer themselves for election or nomination to Parliament and County Assembly should be the unemployed. Resignees, retirees, self-employed, or consultants in their own professional fields.
They have the power and authority to allocate their time to allow for representation, legislation and oversight roles of elective offices.
- George Kinoti, Noordin Haji, and Hillary Mutyambai, have been in office for a combined period of 4,232 days, What have they done?
- The Public Investment Committee (PIC) probe of the KEMSA COVID-19 scandal was a sideshow and waste of money and time.
Lack of Quorum
Lack of quorum experienced in political Chambers is, mostly, a result of the absentee legislators having prioritized their time on personal ventures as opposed to legislative duties.
Full time employees/workers answer to their employers for all the 30 days in a month. They cannot leave their places of work.
To engage in political office work for which they also get remunerated. It is double standards and double payment.
The MPs and MCAs
The MPs and MCAs who are still on payrolls of their former institutions are stealing time from their former employers by being paid salary for 30 days.
Of work per month while some of those days are spent in political Chambers for which they are also paid salaries and allowances.
In short, salaried people are full time employees. They do not qualify to offer themselves for election or nomination.
To Parliament or County Assembly
To Parliament or County Assembly unless they resign from their salaried posts. Or take leave of absence without pay that guarantees them to get back their jobs in future.
They cannot be in political Chambers and other designated offices at the same time. For public information, we have already petitioned the Salaries and Remuneration Commission (SRC).
To abolish salary for MPs and MCAs and only recommend payment of appropriate allowances. In strict compliance with Article 230 (4) (a) of the Constitution.
On Remuneration and Benefits
On remuneration and benefits of State Officers. This is read with Article 230 (5) (a) on public compensation as a fundamental principle in fiscal sustainability.
This is in line with the understanding that among elected leaders, only the Presidency is, constitutionally, barred from holding any other office (Article 131 (3)) and, therefore, entitled.
To earn salary for a livelihood. Unfortunately, the tenure of the pioneer SRC commissioners expired in December 2017. The new team has not been constituted to consider this long overdue petition. What do others say on this sensitive but grave matter?