Nairobi — Kenya ministers have defeated the government's move to allow MPs to take a break and participate in the referendum campaigns.

Government whip Jakoyo Midiwo was a lonely man on the frontbench after moving the motion to adjourn the House to August 10.

Even after putting up a spirited defence on why the income of MPs had to be increased before they are taxed, Mr Midiwo did not even get one of the backbenchers to second his motion.

Without a seconder to the motion, Deputy Speaker Farah Maalim declared the motion "lost" and thus the break will have to wait. Parliament will as usual sit next Tuesday.

The MPs want to ensure they get their new pay package before adjourning.

The grounds for the defeat of the adjournment motion have been in the works for the past fortnight and came to the fore Thursday morning at an informal meeting called by House Speaker Kenneth Marende in Parliament's Old Chamber.

Although the frontbench had attended the meeting, which ended just 30 minutes to the start of the formal House sittings, the ministers and their assistants kept off Parliament.

The Kamukunji was the second within 10 days of Parliament's approval of the report seeking to raise their income first, and then have it taxed.

Several MPs who spoke to the Nation after the meeting, both on and off-the-record, said Finance minister Uhuru Kenyatta delivered President Kibaki's message that the MPs ought to drop their push for more money, because, the government had no money.

Fresh demands

It said that the President sent Mr Kenyatta to tell the MPs that the government had no money to raise their income and that in any case, raising the perks at the moment will trigger fresh demands for more money by other civil servants.

Nurses, teachers, police and other civil servants have been clamouring for increased pay, but only the police got an increase, but this too has been staggered over three years.

The MPs then told Mr Kenyatta that they won't mind paying tax once the proposed law comes into effect. But, they'll only do so, if their take-home remains the same.

"We don't want even a shilling of the government's money. All we want is that even with the taxes, no one should reduce our salaries," said Mr John Mbadi (Gwassi, ODM).

Mr Kenyatta was joined by Attorney General Amos Wako in trying to convince the MPs that their taxes won't be touched until after 2012 when the life of the current Parliament expires.

The AG is said to have told the MPs that they were protected under the chapter on Legislature and that their income won't be taxed until after 2012.

The MPs rejected the explanation saying the chapter on Public Finance in the proposed law was explicit--that all public officers will pay tax on their income. They told Mr Wako that in the transition clauses, there was also the order that any law which contradicts the proposed law will have to be thrown out to the extent of the inconsistency.

Thus, the hostile MPs told the government that they won't relax their onslaught on the government coffers.

Nambale MP Chris Okemo (ODM) and a former Finance minister said: "The rules of natural justice do not allow one to be deprived of their income, midway through their contract, in order to pay taxes."

"In any event, the effect on the exchequer will be very minimal. Because the government will increase the expenditure and recover that money in revenues as MPs will be paying tax," said Mr Okemo after the meeting.

Injustice

Ainamoi MP Benjamin Langat (ODM) and nominated MP George Nyamweya (PNU) said it was impossible for them to openly accept an injustice in which their pay will be reduced.

They agreed to disagree and as a result, Mr Marende, Mr Kenyatta, Kitutu Masaba Walter Nyambati (NLP) also the vice chairman parliamentary service commission and Mr Midiwo ( a joint whip) went into a meeting to cut a deal so that MPs agree to take the break.

The meeting too failed to reach a consensus as it emerged that the Treasury was intimidated by the public opposition to any increase in the MPs' perks. The Treasury too declined to submit the Bills to legalise the pay of MPs.

The MPs want their income raised to Sh1.1 million and then have them pay Sh227,000 in taxes.

Following the government's rebuttal, MPs are planning a quiet go-slow in the referendum campaigns to throw out the document.

"I will just not campaign for the document, because if it passes, the outcome will be very unfair," said Mr Mbadi.

But to Mumias MP Jomo Washiali (ODM), the issue looks like a systematic attempt by the government to have the proposed law defeated at the referendum.

"First, there was the insertion of 'national security' into the document, then the impasse over civic education funds, now the Interim Independent Electoral Commission has been starved of funds...all these are aimed at ensuring the document is defeated," said Mr Washiali.

In moving the adjournment motion, Mr Midiwo put it bluntly: "The MPs are angry with the Minister of Finance and the Prime Minister for misinforming Kenyans. They are angry with the government."

He said the assertion that MPs' pay was being increased was "hypocritical" and "a lie." Although there was foot-thumping from the backbenchers to this, they still declined to adjourn.