Being elected to serve in any Parliament around the world is an honour that many are bestowed with so that they can legislate, represent and play oversight role over public funds and policies.
In the process, the legislators wield power that comes with the position, money and other finer things of life.
The building the parliamentarians converge to play their roles is called the August House, defined in the English dictionary as distinguished, respected, eminent, venerable, hallowed, illustrious, prestigious, celebrated, honoured, acclaimed … name it.
Well, in Kenya, as most MPs enjoy good life as they serve, leaving parliament comes with its own setbacks, as former legislators show.
The ex-MPs say life is tough for them despite making a contribution to the growth and development of a nation.
According to them, they live in deplorable and pathetic conditions. The power they wielded is no more and they have no dignity left either, they say.
Some of them have sold their properties to make ends meet after experiencing the harsh reality outside the walls of the August House.
PENSIONABLE
A majority live in rural areas, not because of the sophistication or complexities of Nairobi life that they are unable to fit in, but because they cannot simply afford life in the city.
Some cannot even afford bus fare to Nairobi to follow up on their pension, says former Alego Usonga MP Otieno Mak’Onyango (1993 and 1997).
The former legislators are now pushing to have the Parliamentary Pensions Act amended so that they can earn at least Sh100,000 in monthly pension regardless of whether they served a single term or two terms.
Currently, only those who served for at least two terms from 2010 are pensionable.
“Being an MP is one of the most privileged positions under the sun. But a former MP is very different from a retired judge,” Mr Mak’Onyango, who earns a monthly pension of Sh8,000 says.
“The salary you get is not yours but the people’s … and by the time you get out of Parliament, you are worse off than when you went in. It is really frustrating,” he says.
PLAN AHEAD
Mr John Marimoi is a former Finance assistant minister in retired President Daniel arap Moi’s government.
He served as Marakwet East MP between 1997 and 2002 and has admitted that it is difficult being a former MP.
“Once you are out of Parliament, no one will want to employ you. I have been out for 17 years and it is terrible. You can’t do business! Everyone is just looking at you for favours yet you have nothing,” Mr Marimoi said.
He added: “When you are in (Parliament), you don’t imagine that at some point you will be out. I never knew that I would become a victim.”
The others are Mr Joseph Lotodo (Baringo East, 1992 to 2002), Mr Saulo Busolo (Webuye, 1995 to 1997), Mr Aloo Ogeka (Muhoroni, 1992 to 1997), Francis Mutuol (Marakwet West, 1973-1983 and 1988-1992) and Immanuel Imana (Turkana Central).
Interestingly, despite serving for two terms, Mr Mutuol says he has never received any pension.
“The condition of a former Kenyan MP is not similar to that of one in the UK. I urge you sitting members to use the power you have now to change this law so that all former MPs get paid pension,” Mr Ogeka says.
“Kindly look back and know that you will at some point be a former MP,” he challenged the serving MPs. About 75 per cent of Kenyan MPs are voted out every election year.
TRIBUNAL
Mr Busolo, who served for only two years, was an academician at the university but found it difficult going back to the lecture halls after losing.
“The politics then were that if you lose your seat, you become unemployable,” Mr Busolo says.
Mr Lotodo blamed the pension law for their current problems. “There is a lot of suffering among former MPs. Something should be done to address this situation,” he says.
However, the suffering may end if Parliament enacts the Parliamentary Pensions (Amendment) Bill, 2019 that wants all former MPs paid at least Sh100,000 in monthly pension.
The bill draws heavily from the recommendations of the Akiwumi tribunal.
The tribunal was appointed in January 2009 by the Parliamentary Service Commission (PSC) to review the terms and conditions of service of MPs and employees of Parliament.
The tribunal extracted its findings from the Commonwealth Parliamentary Association (CPA) and submitted its report on November 2, 2009.
One of its recommendations was that the 500 former MPs, who served from 1984 upwards, and whose number is currently 100, according to Mr Mak’Onyango, be paid the equivalent of Sh100,000 as pension.
CONTRIBUTIONS
The PSC adopted the report in June 2010, implementing recommendations touching on serving MPs and staff.
The recommendations on living pension for former MPs were predicated on an anticipated Parliamentary Pension amendments law, currently before the House.
Pension is a contributory venture between the MP and the employer, the Parliamentary Service Commission and the pension law.
It provides that an MP, who served from 2010, qualifies for a pension if the member has served for at least two terms and is above 45 years old.
MPs are deducted 12.6 per cent of their basic salary (Sh43,610 per month, rising to about Sh45,000, based on the salary, which increases annually) and the government makes a notional contribution of 25.4 per cent of the MP’s monthly contribution.
Two-term MPs are entitled to a lump-sum of Sh7 million (gross of 30 per cent tax) and a monthly pension of Sh118,000, which are paid until death.
The same is stopped when the MP makes it back to Parliament. One-term MPs are entitled to a one-off payment made up of their contributions and 50 per cent of the government’s contribution, totalling about Sh5.2 million.
The amount is subject to a 1.1 per cent tax.
Legislators who served between 1963 and 1983 are left out as there was no pension law.