No pay, no play

The Speaker of the National Assembly, Kenneth Marende, is relying on a principle of law to argue against the Kenya Revenue Authority's demand that Members of Parliament pay income tax on all their earnings. He argues that once a privilege has been conferred, it cannot be withdrawn arbitrarily. He is, of course, correct to argue that when MPs were elected to the Tenth Parliament, only their basic salary of KES 200,000 was subject to income tax, and the remaining KES 850,000 was not. At one time he had suggested that those of his colleagues who felt sufficiently philanthropic were free to have KRA deduct income tax on their entire earnings. Only Peter Kenneth (PNU, Gatanga) and Johnstone Muthama (ODM-K, Kangundo) took him up on this offer. The remaining 220 MPs decided that they were not sufficiently philanthropic.

The transitional clauses of the Constitution have caused a lot of headaches, sowing confusion about the rights and obligations of, in particular, MPs. This was amply demonstrated when the Minister for Finance was accused of breaching the provisions of Art 221 after he delayed in tabling before the National Assembly's Finance Committee the relevant estimates of government expenditure for the year 2011/2012. It is now emerging that Members of Parliament have interpreted the Transitional Clauses in the context of the requirements under Art 210 where they claim that they are exempted from the requirement of paying income tax on their earnings until after the next general elections. Until the High Court rules in this matter, it seems that the 220 MPs will continue to thumb their noses at KRA and refuse to pay taxes on all their earnings.

Mr Marende and his colleagues miss the big picture. From a political point of view, it is wrong for the men and women we expect to enact laws on our behalf will forever continue to shirk their duties when it comes to taxation. They are unwittingly creating the impression that they do not wish to shoulder the burdens that their constituents are carrying, especially in these times of economic volatility and the rising cost of living. Perhaps they are tacitly admitting to themselves that they may miss their place in the next Parliament and are therefore, building up their nest-eggs for their inevitable retirement from Parliament. The arguments being advanced by the likes of John Mbadi and Charity Ngilu regarding the loans they have taken or the threats to their stature in society are merely smoke-screens behind which they hide the truth about their thoughtlessness and selfishness. Or perhaps it is a self-fulfilling prophecy where they predict that their actions have guaranteed their failure at the hustings and therefore they have no need to modify their behaviour. Whatever convenient excuse they advance, what they have doe is wrong and it should bear consequences.

However, we should not despair. When the next general elections are held, we will have the opportunity to refashion the legislature in the image that we desire. If the tax-evading nature of our current representatives proves sufficiently reprehensible, then we owe it to ourselves to send them packing next year. To date, we have never taken responsibility for the quality and character of our representatives. With the promulgation of the Constitution, this fig-leaf of ignorance will no longer cover our nakedness. It is time that we took responsibility for those we elect to Parliament and ensure that they remain forever accountable to us. These people only understand the power of the ballot when it goes against them therefore, let us use it wisely. It is time we reminded them of the words of the Preamble, "We the people..." and acted like we appreciated their import. The days of whingeing are well and truly over.