MPs sued over payment of Sh20m in allowances

MPs sued over payment of Sh20m in allowances

A Cabinet minister, two MPs and four former legislators have been taken to court for allegedly paying themselves illegal allowances amounting to Sh20.3million.

Information and Communication minister Samuel Poghisio, Turkana Central MP David Ekwe Ethuro, Mwingi South MP David Musila, former MPs, Joseph Kamotho (Mathioya), Peter Oloo Aringo, Justin Muturi (Siakago) and Daniel Khamasi (Shinyalu) were sued on Tuesday and Friday last week.


The move by the Kenya Anti-Corruption Commission (Kacc) comes barely a week after MPs rejected attempts to have their allowances taxed.

Last Tuesday, Parliament ignored public pressure and amended a clause that would have effected taxation of their allowances.

They also pushed Treasury to withdraw a similar proposal to tax allowances of constitutional office holders such as judges, ECK commissioners and the Attorney-General.


In the civil suits, which have been filed at the High Court and the Milimani Commercial Courts, the commission claims the seven defendants were paid the millions by the Parliamentary Service Commission (PSC) as allowances for "Parliamentary Service Office Holders."

Mr Poghisio, who is also the Kacheliba MP, was allegedly paid Sh1.5 million in October 2006 and another Sh1.3 million on or about November 9, last year. Mr Musila, Kacc says, was paid Sh3 million in October 2006 and another Sh2.6 million in November last year.

According to Kacc, Mr Aringo, Mr Kamotho, Mr Khamasi and Mr Muturi were also each paid Sh1.5 million in October 2006 and another Sh1.3million in November last year. Ethuro the commission alleges, was paid Sh700,000 in October 2006.

Musila was then Deputy Speaker while Muturi was Deputy Opposition Chief Whip. Aringo was vice-chairman of PSC while Kamotho and Khamasi were PSC members


Shut eyes

The commission contends that the allowances were paid in breach of the provisions of law governing the remuneration and payments of MPs and members of the PSC. Kacc is accusing them of having received and retained the money with the full knowledge that it was illegal.

The Commission says at the time they received the money, they were MPs and had participated in proceedings and decision-making processes. The commission claims the defendants knowingly and dishonestly received the cash contrary to the National Assembly Remuneration Act. According to Kacc, they "shut their eyes to the tenure and purport of National Assembly and Remuneration Act.

Further, the anti-graft agency is accusing them of improperly using their duties, status and power for personal gain and benefit.


Kacc is also accusing them of wrongfully acquiring public property or benefit and using their offices to enrich themselves.

The commission claims they have refused, failed and neglected to make good the claim forcing them to seek legal redress.

They want the court to issue judgment against them for the millions together with interest on court rates

By Judy Ogutu
soiurce: East African Standard

http://samotalis.blogspot.com/