High Court extends orders barring MPs house allowance hike

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The High Court has extended the orders barring the Parliamentary Service Commission from paying Members of Parliament the controversial 250,000 shillings monthly house allowance.

Justice Weldon Korir directed the matter be heard by a three-judge bench after parties in the case agreed that issues raised are weighty and need further scrutiny by a panel of three or more judges.

Two cases challenging the 250,000 shillings monthly house allowance for members of parliament is now before Chief Justice David Maraga who is expected to constitute a three judge bench to hear and determine the case.

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Appearing before Justice Weldon Korir the parties in the case including activist Okiya Omtahtah and the Salaries and Remuneration Commission agreed that the petitions raise substantive questions of law.

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In the meantime, the court extended orders barring SRC from stopping payment of the allowances by the Parliamentary Service Commission.

In the case the petitioners argue that  paying the allowances would result in loss of public funds in excess 1.194 billion shillings  annually. The case will be heard on 1st July this year.

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Meanwhile a prison warder Sergent Dismus Gitenge Motongwa has been convicted for the offence of causing death by dangerous driving.

Motongwa was found guilty of causing the death of 22-year-old Maureen Wambui Gachagua when he hit her with his car in July 2018 near NextGen Mall, Mombasa Road.

Senior Resident Magistrate Elekta Riany ruled that the prosecution had proved the case against the accused beyond doubt.

Finally, the Judicial Service Commission now wants a petition filed by  Justice Martin Muya challenging a decision by  the JSC to have him subjected to the tribunal be heard by the employment court.

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Appearing before Weldon Korir, JSC  claims the employment and labour relations court is best suited to hear and determine the petition.

However Justice Martin Muya through his lawyer opposed the application arguing that the petition raises  serious issues of  constitution and violation of his  fundamental rights.

The matter is now heard on July 4 this year. In the petition Justice Muya is seeking to stop his suspension  over allegations of gross misconduct.

 

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