Members of Parliament will now refund Ksh1.2 billion taxpayers' money they unlawfully awarded themselves in 2018 as housing allowance.
This comes after the Supreme Court rejected their plea to suspend a judgement that declared that the money was illegally siphoned from the taxpayer.
"I decline to certify the matter as urgent and order the case by parliament to be placed before the Deputy Registrar who shall give directions on compliance for determination by a five-judge bench," Justice Ndung'u ruled.
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The apex court judge declined to issue temporary order staying the Court of Appeal's decision directing both clerks of the National Assembly and the Senate to recover the Ksh 1.2 billion that was already paid out to MPs as accommodation and facilitative allowance, pending the hearing and determination of the appeal.
The MPs through lawyer Tom Ojienda lodged an application under certificate of urgency at the Supreme Court challenging the Court of Appeal's decision of December last year that upheld the High Court ruling that squashed the Ksh250,000 per MP housing allowance that was not approved by the Salaries and Remuneration Commission (SRC).
Aggrieved MPs, clerks of the National Assembly and Senate and PSC moved to Supreme Court, arguing that both Court of Appeal and High Court misinterpreted the Constitution on the roles of the Salaries and Remuneration Commission viz a viz those of the PSC.
Parliament had asked the Supreme Court to suspend the judgement of the Court of Appeal delivered by Justices Wanjiru Karanja, Jamilla Mohammed and Gatembu Kairu until their appeal is heard and determined.
"A conservatory order is issued staying ruling and order of the Court of Appeal judges Karanja, Gatembu, Mohammed delivered on December 3, 2021, in Civil Appeal number E409 of 2020 PSC and others Vs. SRC and others directing the applicant to recover the Ksh1.2 billion that was already paid out to MPs as accommodation and facilitation allowance, pending the hearing and determination of the application," the MPs said.
In 2020, the High Court found that the lawmakers had illegally allocated themselves the allowance and ordered the Parliamentary Service Commission to recover the money in one year.
The court ruled that SRC acted within its mandate by directing the clerks of the parliament not to pay the allowance which did not interfere with the independence of the parliament and PSC.
Both clerks of the National Assembly and the Senate have been directed to recover in full from each of the MPs' allowances and salaries Ksh1.2 billion within one year.
