MPs push for change in law to control their perks

Lawmakers from Nairobi County may soon be refunded monies they use to travel to their constituencies if a proposed law gives the Parliamentary Service Commission powers to determine lawmakers' perks.

Currently, Only MPs making a round trip of 350 kilometres to areas they represent are entitled to reimbursement for monies they spend on their travel.

"A Member of Parliament shall be reimbursed a claimable mileage of one return journey per week from the National Assembly (Nairobi) to his/her constituency office at the rate of Sh116.63 per kilometre, based on a car of engine capacity not exceeding 3,000cc," the Salaries and Remuneration Commission said in a gazette notice setting perks for MPs.

Lawmakers who cover a maximum of 700 kilometres are entitled to a monthly claim of up to Sh353,778, while their counterparts who go beyond 351 kilometres are paid based on the actual distance – at Sh116.63 per kilometre.

"The Parliamentary Service Commission shall ensure that Members of Parliament are reimbursed within the maximum actual distance from the National Assembly (Nairobi) to respective constituency offices," SRC instructed.

Because of the current existing laws, about 42 MPs having their electoral units in Nairobi, Kiambu, parts of Kajiado, Machakos, and parts of Murang'a counties have not benefited since from mileage claims.

The dissatisfied lawmakers now seek to change the law so that PSC can have the power to determine their perks.

Their push is informed by the inability of PSC to determine the perks they are entitled to since it is a mandate of SRC.

A government-sponsored bill now avers that the PSC can have powers to decide the transport reimbursements for MPs.

Sitting allowance

The MPs also want the contentious issue of plenary sitting allowance addressed. The allowance was banned by SRC in a move that irked the parliamentarians.

"The Commission shall review and determine the rates of reimbursement for travel by motor vehicle for Members, in accordance with international best practice," the proposed law reads.

"The Commission shall review and determine the rates of reimbursement of the daily subsistence costs expended by members and staff of Parliament in performing their duties."

"Initially, these rates were set by the Ministry of Roads, Transport and Public Works, Salaries and Remuneration Commission (SRC), and other bodies. However, we will return this function to PSC," said Kilifi North MP Owen Baya.

"JSC should now look at transport facilitation and daily subsistence allowance rates, which the SRC had taken away. We want to restore this to the JSC."

The Supreme Court made a pronouncement that Article 230 "must be read alongside other provisions that provide the same powers to PSC and JSC."

National Assembly Majority leader Kimani Ichung'wah said it was time MPs in the city and its neighbourhood were equally compensated. He said MPs, especially those in Nairobi, make several trips to their constituencies even on the days Parliament has scheduled business.

Giving the example of Beatrice Elachi who represents Dagoretti North, he argued that it was more likely that the MP was involved in numerous trips in between parliamentary sittings.

The Bill is at the second reading stage and is lined up for a decision of the whole House by the end of this month.

Auditor General Nancy Gathungu in an audit report released in March exposed how MPs abuse mileage claims into millions. The report for FY 22-23 gives credence to the widely held belief the allowance has become a cash cow for lawmakers.

According to the report, the National Assembly spent Sh4.6 billion on domestic travel and subsistence while another Sh1.2 billion was used in the Senate. The National Assembly has 349 members while the Senate has 67 members.

Cumulatively, the Parliamentary Service Commission spent Sh5.8 billion for travel and subsistence for the members of the bicameral legislature.

Much of the Sh5.8 billion local travel budget is made up of MPs' mileage claims for trips made to their constituencies — an allowance that has often featured fictitious mileage claims over the years.