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MPs to refund KSh2.7bn in illegal allowances as Court of Appeal upholds ruling

The Court of Appeal has upheld High Court’s ruling that Members of Parliament must refund KSh2.7 billion they received in illegal allowances.

The MPs had appealed a decision by High Court that the allowances be deducted from their monthly salaries.

The directive was issued in December 10, 2020 prior to which they used to earn accommodation and house allowances amounting to KSh250,000 each.

The Salaries and Remuneration Commission (SRC) had not approved the allowances which were backdated to October, 2018.

Each MP is required to return KSh6.5 million, which they had received over 26 months. The law makers had petitioned the bench consisting of Justices Wanjiru Karanja, Jamila Mohamed and Gatembu Kairu to allow them receive allowances and suspend the monthly cuts until the appeal is determined.

The court had ruled that the case purpose would not be defeated if the MPs continued refunding the money.

High Court’s determination

The High Court, in its determination, had concluded that the Parliamentary Service Commission had encroached on SRC’s Constitutional mandate. “The only financial functions allocated to the PSC are budgetary hence SRC had acted in its mandate directing the clerks not to pay the MPs the allowances,” read the ruling.

Activist Okiya Omtatah and several NGOs had challenged the allowances in court.

“The accounting officers for the PSC and Parliament are also culpable for failing to undertake their obligations under the Public Finance Management Act in this regard,” High Court had earlier ruled.


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