The Nairobi County Assembly is on the spot for lack of quorum during plenary sittings for the past few months, paralysing legislation and oversight.
On several occasions following the August 2022 election, and in the new year, the county assembly has postponed plenary sittings over the lack of quorum.
According to standing orders, a quorum of the assembly or the committee is achieved when a third of its members are present.
Interestingly, almost all the city MCA’s attend committee meetings that take place in the mornings but leave before the plenary sessions begin in the afternoons.
The MCAs also struggle to raise quorum in the committees as they move from one to another to sign attendance lists, so they can receive sitting allowances.
On some occasions, the lawmakers fill the house only when an important issue is being debated and leave once a vote is taken.
On Wednesday, minority leader Anthony Kiragu attributed the lack of quorum to the Salaries and Remuneration Commission’s decision to abolish plenary sitting allowances. Mr Kiragu warned, however, that action would be taken against MCAs who missed sittings.
“I have asked the Speaker to do an analysis and know [which people] are not coming to the assembly. The standing orders are clear - that we will take action against those who miss sittings consecutively. It is a disservice to city residents who elected them for oversight and representation,” Mr Kiragu said.
The SRC last year abolished car grants and sitting allowances for members of Parliament, senators and MCAs but retained committee sitting allowances.
Legally, the MCAs are entitled to committee sitting allowances of Sh3,900 per sitting, that is capped at Sh62,400 monthly. Previously, the MCA’s received Sh5,000 as the plenary sitting allowance but it was scrapped by the SRC.
Committee chairpersons earn Sh6,500 per sitting, capped at Sh104,000 per month, while vice chairs earn Sh5,200 per sitting, capped at Sh83,200 per month.
An MCA’s gross salary stands at Sh144,375.
According to the county standing orders, if an MCA fails to attend eight consecutive sittings of the county assembly, the risk is losing a seat.
Mr Kiragu said a huge number of MCAs at City Hall will be punished after an audit is carried out by the assembly Speaker, for breaching standing orders on attendance of plenary sittings.
