Kenyan MPs Ordered to Refund Sh2.7 Billion They Earned as Illegal Allowances

MPs have suffered a blow in their bid to stop an order requiring them to refund a sum of Sh2.7 billion they received in allowances.

This comes after the Appeals Court on Monday upheld a decision by the High Court, which determined that MPs were illegally allocated the hefty allowances.

In a ruling in December last year, the High Court said the Salaries and Remuneration Commission (SRC) did not approve the allowances which were backdated to October 2018.

The court found that the Parliamentary Service Commission (PSC) encroached on SRC’s constitutional mandate by awarding MPs a monthly house and accommodation allowance of Sh250,000 each.

“The only financial functions allocated to the PSC are budgetary hence SRC had acted in its mandate directing the clerks not to pay the MPs the allowances,” read the ruling.

“The accounting officers for the PSC and Parliament are also culpable for failing to undertake their obligations under the Public Finance Management Act in this regard.”

The court directed clerks of the National Assembly and the Senate to deduct the illegal allowance payments in full from MPs' salaries, with each being required to return Sh6.5 million received over 26 months. 

The ruling followed petitions filed by activist Okiya Omtatah and several NGOs challenging the allowances.