A critical analysis of the laws on the remuneration of members of parliament in Kenya

Makamara, Ian Nyankabaria
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Strathmore University
There are multiple laws in Kenya that govern the roles, responsibilities and remuneration of political representatives. These laws include the Constitution, the Leadership and Integrity Act, the Salaries and Remuneration Act and the National Assembly Remuneration Act. They seem to have made room for loopholes that can be exploited by members of parliament (MPs) pursuing self-enrichment as opposed to the promotion of the welfare of their constituents. To a large extent, it could be said that the constituents have not been efficiently represented as a result of these loopholes in the current legislation. This study discusses these laws and the impact they have on the performance of MPs with regards to their roles in a representative democracy. Additionally, this study made recommendations that are geared towards improving political representation through modifying MP remuneration in Kenya. The theoretical background of this study is rooted in the theory of substantive democracy and the rational choice theory. It also relied on various sets of statute, case law and literature in the establishment of its argument.
Submitted in partial fulfilment of the requirements of the Bachelor of Laws Degree, Strathmore University Law School