BY SAM ALFAN.
The High Court has restrained Treasury Cabinet Secretary and Attorney General from paying members of parliament and Senators after 8 august ,2017.
Justice John Mativo ordered treasury not to pay salaries and benefits after the date of general elections on August 8 pending hearing and determination of the application.
“I hereby restrain and the respondent either directly or through servant or agents from considering, processing, advising, recommending, approving or making payments to the member’s of national assembly and the Senate of salaries and benefits for the date after the date of general elections on 8 of August ” ordered Justice Motivo.
This is after lawyer moved to court on Thursday seeking orders to stop payment to MPs and senators after general elections which is slated for august 8th this year.
Dismas Wambola argues that the imminent termination of the MP’s contract of service on 8.8.2017 is provided in the constitution hence constitutional and lawful and the same cannot confer upon the legislators.
He further argues that if the unlawful and unconstitutional demand by the lawmakers is met, it will set a very dangerous precedent with far reaching devastative effects to the economy.
“Payments of MP’s for no actual work done is against public policy and does not serve any public good but rather serves only the MP’s personal and selfish interest, “reads the petition.
In a certificate of urgency, Wambola claims that if there is any such contract or agreement the same is inconsistent with the constitution hence invalid.
The petitioner argues that lawmakers are demanding that the pay should be included in the supplementary budget that will be tabled in parliament in the next few weeks or else they will shoot down the 2017/2018 budget if the payments are not made to them.
Respondents in the matter are cabinet secretary treasury, parliament service commission, salaries and remunerations commission, the attorney general, national assembly and the senate.
He directed all parties to be served within 7 days.
Inter parties hearing on 21 of February.