Okiya Omtatah Wins A Big One: MPigs To Refund kshs 7 Mil Each...From Where?

Kenyan MPs will refund more than Ksh2.9 billion they illegally awarded themselves as house allowances, a court has ruled.

In a ruling on Thursday, December 10, Justices Weldon Korir, Pauline Nyamweya and John Mativo ordered the Parliamentary Service Commission (PSC) to deduct from the legislators’ salaries within 12 months.

According to the records, the MPs collectively pocketed Ksh1.2 billion annually which translates to Ksh2.9 Billion since the first payment was made.

This means that each MP will refund taxpayers’ Ksh7.2 million.

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Attorney General Paul Kihara Kariuki.

The case emerged from a row between the PSC and the Salaries and Remuneration Commission (SRC).

Attorney General Paul Kihara had previously told the court that the house allowance was paid the MPs without the approval of the SRC.

The MPs got Ksh250,000 in house allowances monthly - an amount which was backdated to October 5, 2018.

The AG told the court that the money translated to Ksh104 million every month for the taxpayers’ pockets.

The AG, SRC, Law Society of Kenya (LSK), and activist Okiya Omtatah moved to the court to force PSC to deduct the money paid and return the same to the Treasury.

In his submissions, SRC’s lawyer Peter Wanyama stated that MPs bulldozed the commission to ratify 19 allowances for themselves and went ahead to slash the commission’s budgetary allocation.

On the other hand, PSC urged the court to declare SRC’s 2013 Gazette notice on the MPs’ pay and allowances as unconstitutional.

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"By seeking to reduce the remuneration for State officers serving in 12th Parliament, the respondent has acted unreasonably and failed to take into account the rising cost of living since the remuneration and benefits were set in 2013.

"They failed to take into account the principle of equal pay to work of equal value,” PSC argued at the time.

Watalipa na CDF

in 12 months that’s almost 600k monthly, hawa wataoa kweli or utaona a rushed bill passed to justify it? don’t be surprised if it is used to ganner support for BBI.

Okiya for governor

How about deceased mpigs? Are they lucky to be dead…

If BBI strengthened institutions then it would have been admirable, lakini hii upuzi ya synonyms watawacha

There is a reason why they are called lawmakers…watch and learn.

BBI manipulation on MPs loading

Activist Okiya Omtatah has rushed to court in a bid to stop Deputy Chief Justice Philomena Mwilu from taking over as acting Chief Justice on a temporary basis tomorrow when CJ Maraga goes on terminal leave.

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CJ Maraga is set to officially retire tomorrow after serving as the country’s 14th Chief Justice since October 2016.

The advocate claims that in view of the corruption allegations leveled against her by the Directorate of Criminal Investigations (DCI) she is not fit to hold the CJ office.

DCI sleuths are after the DCJ on money laundering claims.

The police claim failed lender Imperial Bank had advanced a KSh60 million loan to Justice Mwilu in June 2015, for the purchase of a piece of land in Nairobi, claims she has denied.

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Activist Okiya Omtata

Justice Mwilu in turn is alleged to have sent Sh36 million to ex-Nairobi County speaker Alex Ole Magelo’s wife, Lucy, and channeled another Sh10 million to Blue Nile East Africa.

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Deputy CJ Mwilu

The judge is facing 13 counts of abuse of office, tax evasion, and fraudulent recovery of loan securities and was to be charged alongside her lawyer Stanley Kiima.

On June 22, DCI sleuths secured a search warrant from the Chief Magistrate’s Court permitting them to investigate a bank account operated by one of the companies mentioned in the case.

Upon the collapse of Imperial Bank, Justice Mwilu is alleged to have struck a deal with the receiver-manager in which she would get her security returned to her and she was to offer another piece of land as a substitute.

This Omtatah guy is a legend. He manages to win some big cases. He is basically the one man LSK

Was surprised to learn that he is not even a lawyer by profession.

No way. What did he study?

If Thanos was real…

Something else, I forget which. The guy has achieved much more for Kenyan people than any politician I know and he has never spilled any blood and is not funded by wazungus like Boniface Mwangi.

Jamaa ni shujaa. I suspect if he were to write a book, there are so many things he hasd done which we know nothing about.

December ndio hii imefika. 20k huna. Watoto hujanunulia sunday best. Na makelele ndio hio hupunguzi.

Members of the National Assembly and their Senate counterparts have claimed that their output would be affected if they are forced to return allowances they awarded themselves illegally.

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A report by People Daily indicated that the lawmakers moved to the court of appeal seeking to stop Salaries and Remuneration Commission (SRC) from plans to recover Ksh2.25 million paid to each lawmaker as house allowance.

The MPs argued that if the money is recovered immediately, it would affect their well-being.

They were also seeking to have the commission stopped from instituting the recovery process until the case is heard and determined.

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Attorney General Paul Kihara Kariuki.

“The judgment has immediate grave impacts on the independence of Parliament as an arm of government, especially in view of the findings of the High Court in the impugned judgment that SRC is empowered to cap the remunerable meetings of parliamentary committees.

“The Applicants (MPs) are at pains and are apprehensive that the Respondents (SRC) may move for the immediate execution of the decree of the High Court to recover in full from the salaries and allowances of each MP,” claimed the lawmakers in court papers.

In a ruling on Thursday, December 10, Justices Weldon Korir, Pauline Nyamweya and John Mativo ordered the MPs to refund more than Ksh2.9 billion which they ruled that the allowance was illegally awarded.

SRC was ordered to deduct the money from the legislators’ salaries within 12 months.

According to the records, the MPs collectively pocketed Ksh1.2 billion annually which translates to Ksh2.9 Billion since the first payment was made.

The case emerged from a row between the PSC and the Salaries and Remuneration Commission (SRC).

Attorney General Paul Kihara had previously told the court that the house allowance was paid to the MPs without the approval of the SRC.

The MPs got Ksh250,000 in house allowances monthly - an amount which was backdated to October 5, 2018.

Renowned activist Okiya Omtatah won a prestigious award in Nairobi, on Saturday, December 19. Omtatah was recognised for his efforts in fighting for human rights to better the society.

Raphael Obonyo, of the Foundation Award, presented the 2020 Heroes Award to Omtatah at a private ceremony.

The foundation awards selfless individuals annually.

Obonyo, a United Nations Advisor and Youth Congress leader said that the special award was for individuals who sacrifice and give hope to others.

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Human Rights Activist Okiya Omtatah during a past court session.

He added that Okiya Omtatah has constantly championed for human rights and social justice.

“Omtatah’s courage and selfless fight for human rights is something we can all learn from and emulate,” he lauded.

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While receiving the award, the activist said that it motivated him to soldier on and not to allow his character to be compromised.

"Thank you for this rare honour, to receive this recognition is a great inspiration. I’m incredibly grateful.

“Living to me means service to humanity. I don’t think you need to amass wealth, all you need to do is live a simple life, have character and serve the best way that you can,” he said.

Omtatah has won several cases in court and was also honoured with a Lifetime Achievement award from the National Coalition of Human Rights Defenders Kenya and the Working Group on Human Defenders.

In March 2020, the human rights activist filed an appeal before the Judicial Service Commission to have outgoing Chief Justice David Maraga probed and subsequently ejected over allegations of gross misconduct.

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He accused Maraga of interfering with the independence of a judge in a case he had filed opposing government’s move to re-advertise the position of the auditor general.

In June, he managed to convince a three-judge bench consisting of Justices Martha Koome (presiding), Gatembu Kairu and Jamila Mohammed that Kenya Railways had indeed failed to comply with procurement laws.

The Court of Appeal declared the entire Standard Gauge Railway (SGR) contract illegal.