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.
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.
“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.
“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.
