Members of Parliament have moved to the Court of Appeal in attempts to block plans to recover about Sh2.25 million paid to each of them as house allowance.
Both Senate and National Assembly claim that they are in dilemma arguing that immediate recovery of the millions will affect their well-being and functions in Parliament.
The MPs said the High Court decision and the Salaries and Remuneration Commission’s (SRC) push to deny them the monies is challenging the independence of Parliament.
“The judgement 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,” said the MPs counsel, Prof. Tom Ojienda.
Prof Ojienda who said that they have put up a water tight case argued that the appeal will succeed and rescind the decision, pending the determination of the case.
“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,” appeal read in part.
A three bench judge had on Tuesday ruled that On Tuesday ruled that the allowances are illegal as they directed clerks of the both Houses to recover the millions within one year.
The court said that the Parliamentary Service Commission (PSC) was wrong for taking over SRC roles to grant the MPs house allowance of Sh250,000 each and backdating it to 2018.
SRC also told the court that MPs had been illegally paid Sh2.25 million before the payments were stopped by court last year and the allowance but the MPs disputed the figures claiming that the amount is Sh1,023,035 net of tax.