mzalendo :: Eye On Kenyan Parliament

We are working on a comprehensive update of the Mzalendo platform this year.

The new roadmap will be published soon.

According to CDF Insight:

CDF Insight investigations have established that out of the fourty cases presented to KACC only two were taken before the law courts for prosecution, one was dismissed while the rest seem to have either been forgotten or are being investigated at snail’s pace. Mysteriously, the Director Public Prosecutions Keriako Tobiko indicates that his office had not received any cases either from the CDF Board or the KACC requiring him to take over prosecution as empowered by the constitutional law.

Read more here

[Hat tip Mwalimu!]

The controversial Opposition Bill is all set to be discussed in Parliament in the next few weeks. It has been difficult to get a copy of the full text of the bill but we finally managed to do so.

You can read the full text of the Opposition Bill here.

THE PARLIAMENTARY SERVICE COMMISSION
The Parliamentary Service Commission is seeking to appoint a highly motivated professional to join the National Assembly in the following exciting and challenging position:-

MEDIA RELATIONS OFFICER (PSC 10)
Responsible to the Director, Information & Research Services, the officer will be incharge of Parliamentary Broadcasting Unit and manage all Media affairs of the National Assembly in a timely and efficient manner.

Duties and Responsibilities

* Formulation, interpretation and application of procedures of the National Assembly Media Services and live broadcasting of Parliamentary proceedings;
* Assembling information on the procedures and operations of Parliament for Parliamentarians, staff and the public for official use;
* Organizing Parliament’s outreach programmes;
* Coordinating all publications of the National Assembly;
* Organizing all Media events of the National Assembly;
* Updating and maintaining of the Parliamentary Website.
* Any other duties relating to Media Services.

REQUIREMENTS FOR APPOINTMENT
For appointment to this post, a candidate must have served for a minimum of five years in a reputable media house with substantial experience in both print and electronic media and must also be in possession of the following minimum qualifications:

(i) A bachelor degree in Law or any other Social Sciences; (ii) A masters degree in either Communications or Public Relations;

(iii) A post graduate qualification in Mass Communications and Experience in Parliamentary reporting will be considered as an added advantage.

Application Procedure:
Applications together with copies of academic certificates and testimonials including letters of reference from two referees should be submitted so as to reach:

The Clerk/ Secretary
Parliamentary Service Commission
P.O. Box 41842-00100
Nairobi, Kenya.

On or before 17th November 2008.

The CDF Project has been doing some great work around following up on the implementation of CDF projects and sharing the information they collect with a wider audience. So far they have worked only in Nairobi, with plans to expand elsewhere in the country. It’s a difficult job that they are doing - government and CDF officials have been generally unresponsive - but they have still been able to collect some good information. With their permission, we will be sharing the work they have done with you on Mzalendo. We hope that they are able to sustain their work so that by 2012 we can have an issue based record on which to assess the performance of MPs. As usual we encourage you to share your comments and feedback on how your MP is performing in the comments section.

CDF Report Langata: MP Raila Odinga

Amounts allocated:
- 2003/04 Kshs 6,000,000
- 2004/05 Kshs 22,218,788
- 2005/06 Kshs 28,735,319
- 2006/07 Kshs 39,807,498
- 2007/08 Kshs 40,053,371

Overview of project implementation: The Langata CDFC did not do a good job engaging the public in project planning and implementation. As a result, we could find very little local knowledge of project, or any project documentation. The quality of work in some projects like the Kongoni Primary School, Madaraka Primary School and the link road between South C and Mombasa road was poor.

Assistance received from local CDF committee: The journey to Langata began in early June 2008, when the contact person, Mr. Opieta arranged a meeting to be briefed on the CDF Social Audit Handbook. After the discussion, he referred us to Mr. Kehta, the CDF committee secretary. Mr. Kehta requested that we submit a letter stating our objectives. We did so in early July, and soon received a response referring us to the project coordinator at the Langata CDF offices, located at the Langata DO’s office. However, after several attempts to schedule a meeting, we received no response, and so began our project visits unassisted.

Project Reports: Click here for details on the following projects -
o Madaraka Primary School
o Link-road between South C and Mombasa Road
o Kongoni Primary School - Re-carpeting of Classrooms
o Kongoni Primary School - The Repair of a Parking Bay
o Langata High School
o Security Light Mast at Laini Saba
o Upgrading of the Laini Saba Sports Ground

More resources about the Langata CDF:

- Historical information, click here.

Hon. Martha Karua has made no secret of her intentions to run for President in the next elections. She now has an official website (that will hopefully be improved over time).

Some of our most active MP profiles are of MPs from the North Eastern Province. At the heart of the (sometimes ugly) debates is the lack of development and access to resources, but more often than not the discussion is often focused on clan issues. We are posting a recent paper by Issac Ahmed analysing the situation in NEP, and would welcome comments from Mzalendo users who are constituents in the area.

By Mzalendo reporter

Before his exit as the country’s Finance minister, Amos Kimunya was a besieged man and not just because of the Grand Regency row, but because of his proposal that MPs allowances be taxed. Kimunya’s proposal that the 222 legislators start paying tax on their allowances had not gone down well with them with several arguing that unlike other Kenyans whose salary is entirely used by themselves MPs have a responsibility to financially assist the electorate.
Kimunya’s proposal was contained in the 2008/09 fiscal year budget and his exit as thetreasury’s boss may have served as a reprieve to majority of legislators. A similar move by Kimunya during the 2007/08 fiscal year was shot down by legislators once it was brought to Parliament.

Currently, an MP earns a gross pay of Sh878, 000 per month. An MP’s basic salary is Sh200, 000; a minimum commuted mileage of Sh75, 000; an entertainment allowance of Sh60, 000; an extraneous allowance pegged at Sh30, 000; a house allowance of Sh70, 000 and a motor vehicle fixed cost of Sh247, 000.

In addition, each Kenyan MP is entitled to a car grant of Sh3.3 million and an interest-free loan of sh8 million to buy a house.

Towards the end of the Ninth Parliament, the law-makers voted themselves a Sh1.5 million gratuity, making the Kenyan parliament probably the only institution in the world in which employees are paid both a gratuity and a pension. Under the present only, only the Sh300, 000 is taxable with the rest of monies being tax free.

This time round, Kimunya did not live to formally bring the proposal before the House floor for debate. But even before it was brought, MPs had their guns loaded, ready to shoot it down. Their sentiments during budget debate were straight to the point-”We cannot be taxed.”

Kimunya’s last words on the MPs taxation, June 26, during debate on budget:

“The other interesting item which I expect to get more comments on from honourable Members, as we discuss these tax proposals, is the issue that touches on all of us here, which is the taxation of the allowances that are paid to us as honourable members and constitutional office holders. In effect, we are saying that nobody in Kenya, from the President to the lowest paid public officer, will be exempted from the national duty of paying their taxes.” Kimunya however was pushed out of office before he brought the proposal before the floor.
However, a considerable number of MPs aired their opposition to the proposal during their contribution on budget.

In the list of those who aired their opposition to the taxation measure include Charles Kilonzo (Yatta), Boni Khalwale (Ikolomani), Ephraim Maina (Mathira), George Nyamweya (nominated), Sospeter Ojaamong’ (Amagoro), Danson Mungatana (Garsen), Soita Shitanda (Malava), Ali Hassan Joho (Hamisi), Charles Keter (Belgut), David Koech (Mosop), Fred Kapondi (Mt. Elgon) and Sammy Mwaita (Baringo Central).

The following are verbatim of some of MPs who either opposed or supported the taxation proposal as captured in the Parliament’s Hansard.

Charles Kilonzo (Yatta) Opposed:

“When the Minister for Finance goes the other way round to say that he wants to tax allowances of honourable Members. A honourable member at the Constituency level is in charge of funerals, hospital bills, church Harambees and bursaries from his pocket because the money for bursary is not enough. He is the man who attends all Harambees. A Member of Parliament is like Robin Hood. You get it from the Government and, through yourself, you give it to the poor people. But who are the people in this Parliament who are saying that allowances should be taxed?”

Peter Kenneth MP for Gatanga and planning assistant minister: Opposed:

“I want to speak about an issue that, to me, looks like an issue that is being played to the public gallery. That is about the taxation of the allowances of Members of this House. Let it come! We do not have to make issues about it! I believe that most of the honourable Members here have become philanthropists in their own homes, and, probably, contribute more than the taxes that they are going to be taxed in their own constituencies! I know of honourable Members in this House, personally included, who spend all their salaries in their constituencies!”

Kenneth went ahead: “It has been said that it is high (MP’s salary), and I agree with that. It is not subject to any increment in the five years that an honourable Member is seated here. It does not take care of the inflation costs that are rising in this country and you expect these honourable Members…… This is what the Minister should look at! He will do the taxation, but he will also face the same Parliamentary Service Commission saying that the cost of fuel is so much, the cost of living is so much, and he will have to review it.”

Ephraim Maina (Mathira): Opposed:

“There is also the issue of taxing the salaries and allowances of honourable Members. Before I came to this House, I thought the salaries and allowances for Members of Parliament were just too much. Today, I know it is nothing because we spend all our salaries to meet the needs of our people. There is no need to expect us to do more than we are already doing.”

He added: “Many Members of Parliament here know that the huge salaries that they are being said to be earning are just peanuts when you compare them with what we do. I can assure you that some of us have hardly put these salaries into our pockets since we came to this House, forget the money we spent earlier.”

Orwa Ojode: Internal security assistant minister and MP for Ndhiwa: Said MPs should start paying taxes 2013.

“I had said clearly that Members of Parliament are not against paying taxes. We are going to pay taxes, but it is for the minister to tell us when we will start doing so. Is it today or tomorrow? Perhaps, the effective date of paying taxes will be in the year 2013. We are not saying that we will not pay taxes. This is because we also want our people to know that Parliamentarians are paying taxes on the Ksh200,000 we get as salary. Yes, we pay Kshs54, 000 and you know that, that amount is deducted from our salaries. So, we do not want this kind of popular politics. As leaders, we have unanimously agreed that were are going to pay taxes. In fact, it is just perception! We should not say that honourable Members are not paying taxes. We are paying taxes! The only tax that the Minister wants to levy on us is the amount of money he is giving us to fuel our vehicles. He should come out clearly and say. “Yes! My colleagues are paying taxes except on the money for fuel and entertainment.”

Some of tax measure supporters as captured in the Hansard:

Yinda, Edwin Ochieng: MP for Alego:
“I would like to support the honourable minister on taxation by encouraging Members of Parliament to pay their dues. I think it is important that when ordinary Kenyans pay taxes without too much complaint, Members of Parliament should also lead be example by paying taxes on your allowances without too much shouting about it. I think many, or most, of the Members of Parliament are willing to support the paying of taxes.

Milly Odhiambo (nominated): supported:

“I know that there has been a lot of debate and discussions in the media in relation to taxation of MPs salaries. Personally, I am not opposed to it. However, as a Member of Parliament, when you are taxing my salary, I would want to see it being put to good use. I want to suggest very clearly to the Minister that part of the money that he propose to tax us, be put into construction of the Mbita Point-Homa Bay Road. Some of it should also go to orphans and vulnerable children.”

David Ngugi: MP for Kinangop. Supported:

“It is very good for people to be able to finance their own activities. There is no other way that a Government can support its own activities other than through its citizens paying taxes. So, fundamentally, paying taxes is a noble thing, and it is everybody’s duty, be they the President, Diplomats whom we have sent out there, people in the country, others in the diaspora and ourselves here in Parliament. So, as a matter of principle, I support that we all pay taxes.”

Danson Mwakulegwa: MP for Voi. Supported:

“Kama vile wenzangu wanapendekeza tutozwe kodi, nakubaliana nao. Tikitozwa kodi, wananchi wengi watafurahi sana. Wabunge 222 wakitozwa kodi, hiyo ni Kshs800 milioni.”

Ongoro: Assistant minister Nairobi Metropolitan Development and Kasarani MP. Supported:

“I do welcome the Minister’s proposal to have honourable Members and constitutional office holders’ allowances subjected to tax. It is my honest belief that we, as leaders, must lead by example. It we have to lead by example, we will lose all our moral authority if we refuse to pay our taxes. We will not have an opportunity to tell other Kenyans who are buying from the same supermarkets and who live in the same house to pay taxes from their meager earnings.”

Johnson Muthama. MP for Kangundo; Supported:
“Juzi, Waziri wa Fedha alitoa mwelekeo wa kutaka kutuweka sisi pamoja na wananchi wengine. Mimi najua sitakuwa kipenzi cha wengi. Hata hivyo, mimi sikuchaguliwa kuwa kipenzi cha wengi. Ikiwa mwananchi wa kawaida ambaye ananunua soda dukani analipa kodi ama yule mwananchi wa kawaida ambaye anapata mshahara wa Ksh15,000 ama Ksh30,000 analipa kodi, mimi nataka kodi kabisa bila kuulizwa nitalipa na nani,”

He was however interrupted on a point of order by Ikolomani MP Bonny Khalwale: Opposed:

“Is honourable Member in order to suggest that the solution to the suffering of Kenyans is the taxation of the allowances of Members of Parliament when we know that the real problem is corruption? The honourable Member is one of the people who received Kshs40 million from Goldenberg and here he is pretending that he is so kind to members of the public. Is he in order?.

Shakeel Shabir: MP for Kisumu town East. Played a middle ground:
“I put to you that there are certain expenses that we, as politicians, and only as politicians, meet. These are wholly, exclusively and necessarily our expenses, be they on funerals, education or other things that we meet every day. The voice asking for taxation is right. We do not mind paying the tax, but you have to then realize that you must allow us to claim expenses against that taxation. We are prepared to give you voucher for this.”

Linturi Mithika: MP for Igembe South: Said right Procedure must be followed.

“The remuneration of honourable Members is clearly set out by the Parliamentary Service Commission (PSC). The procedure under which honourable Members are remunerated is through a process that was started by a team led by Rtd. Justice Majid Cockar, which did the recommendations. The recommendations were taken and out into a Bill. I believe the best way to go about it is to follow the right procedure.”

Though a sizeable number of MPs have publicly supported the taxation, the same legislators are likely to gang against the same proposal once it is brought to Parliament leaving the minister hapless.

This is what happened during the Ninth Parliament where by despite publicly supporting the move, the same MPs voted against it in the chambers, leaving the treasury toothless.

While the MPs of the 10th Parliament have been very vocal in challenging the proposal to tax their allowances, this vigor has, unfortunately, not found its way to other critical aspects of the Budget.

This week the Speaker raised concerns that the Budget will be passed without proper debate. So far three days of the allocated seven days for debate have been wasted due to a lack of quorum. In addition, neither the Minister of Finance nor his Assistant, have been present to record the views of the MPs. Readers should note that a lack of quorum is only declared once a MP rings a bell to alert the Speaker that there is no quorum (i.e. there is less than 30 MPs in the House). This essentially means that unless the Speaker’s attention is formally flagged a debate can proceed without the lack of quorum (and this happens often), because no one has rung the bell.

MarsGroupKenya has done a great analysis on why debate on the Budget is so critical. If our ELECTED representatives do not question the governments priorities, who will speak for Kenyans? Please leave a comment for your MP and let them know that you will be watching their stance on taxes on allowances and on the Budget itself. After all - they should be working for YOU!

According to Mars Group, the areas that could benefit from further scrutiny from the MPs include the following (we wonder why the media hasn’t raised similar concerns?):

Hospitality: Last year the GOK budget for entertainment of its guests amounted to Ksh 5.7 million per day for every day of the year. The total bill was Ksh 2.16 billion for the year 2007. This year Mr. Kimunya wants to increase the budget from just under Ksh 500,000 per day to Ksh 728,000 per day?

Lump sum budgets: Every year the Minister of Finance presents lump sum budgets for the National Security Intelligence Services, the Armed Forces and the Kenya Anti Corruption Commission. This year their collective budgets will pass the Ksh 47 billion mark – and yet they will be no debate on the budget items in them because the Minister of Finance has helpfully provided none. Here’s a question for the MPs: why would the official agency responsible for promoting transparency and accountability in Government not be accountable to Parliament for every single shilling in its budget?

KEN REN FERTILISER FACTORY: The Minister of Finance intends to pay an Austrian Bank called BAWAG over Ksh 300 million this year for the never-built fertilizer factory.

By Mzalendo Reporter

The People’s Budget

A day before Kenya’s Finance Minister Amos Kimunya read in Parliament the 2008/2009 financial year budget, civil society groups presented an alternative fiscal plan which they called The People’s Budget. Among the key proposals contained in The People’s Budget is that salaries of Members of Parliament be reduced by a half and be liable to taxation.Such a move, the groups said, will free huge resources that can be used on other crucial sectors such as teachers, police and health personnel. A Kenyan MP earns a gross salary of KSh 800,000 per month.

The civil society groups that prepared and presented the People’s Budget are the Socio-Economic Rights Foundation, the New Dawn: Nascent Start, the Nairobi People Settlement Network and the End Poverty 2015 Millennium Campaign.

Proposed also were reduction of VAT to 13 percent, redirection of part of the military and defence spending to social protection, education, health, water, infrastructure among other crucial sectors that directly touches on the poor.

The Peoples Budget also proposed that adequate funds be allocated to the Truth, Justice and Reconciliation Commission and also more cash towards completion of popular people driven constitution review including a referendum.

Other highlights of the People’s Budget are as follows:

Poverty: Government to introduce a Basic Income Grant (BIG) as one way of reducing poverty among the poor. Proposed was that at least KSh3, 000 be paid each months to any unemployed Kenyan aged 18 and above. The money should come from tax system.

Employment: To increase employment opportunities, it was proposed that government embark on public works programme, widespread community services and accelerated programmes for skills development. It was also proposed that government invest more in employment creating sectors especially targeting the youth.

Housing: It was proposed that government and financial institutions to extend more affordable finance for housing to low income earners. Government also asked to allocate more funds for housing development especially for the Kenya Slum Upgrading Programme. Another proposal was that Government to set aside funds to purchase land for resettlement of people living in slums e.g. Mukuru Kayaba and Mukuru Kwa Njenga in Nairobi.

Water and Sanitation: It was proposed that government support community sanitation improvement programmes. Increased funding for water supply within people’s settlements and renovation of dilapidated sewerage facilities were proposed. The People’s Budget also proposed that Local authorities to put up dumping sites as a way of ending haphazard disposal of solid waste.

Food Security: State to set aside more funds to expand government grain stock to cushion any food shortage. Government to crack a whip on cartels that sell farm inputs at inflated prices. Government asked to adopt measures to boost food production such as lowering of fertilizer prices and provision of other subsidies. Increased funding for irrigation schemes countrywide and increased allocation towards a national tree planting programme and re-afforestation were also proposed.

Transport: Establishment of a national subsidized public transport system that is safe and fast was proposed. Government was asked to reduce excise duty on imported spare parts from 20% to 10%. It was further proposed that amount of parking fee, which currently stand at KSh70 per day within Nairobi’s Central Business District be increased.

Arid and Semi-Arid Areas: The People’s Budget proposed that more funds be allocated for constructing abattoirs. State asked to allocate more funds for revamping the Anti-Stock Theft Unit and strengthen peace and reconciliation structures as a way of combating insecurity. It was proposed that more funds be allocated for putting up solar energy plant and for putting up more schools. Government also asked to establish a special fund to increase water network in these regions.

Youth: It was proposed that civil servants who have attained retirement age to quit office to pave way for younger generation. The budget proposed that the Youth Enterprise Development Fund policy be changed to enable individual fund applications rather than the group’s requirement. Government also asked to ensure that 5 percent of all government procurements are sourced from Youth owned enterprises.

Women: Government asked to increase the Women Development Funds kitty. State also asked to provide finances for early childcare in order to give women more time to look for employment.