President Uhuru Kenyatta has declined to assent to the law granting retired MPs Sh100,000 in monthly pension.
The President said the pension would not be sustainable and was likely to open floodgates of demands by other former public servants.
The minority party has to muster a quorum of 233 of 349 members to overturn the presidents’ reservations.
The National Treasury had last month warned that increasing retired MPs’ pension to Sh100,000 would not be sustainable for the country’s already strained budget.
Former Leader of Majority Aden Duale fired the first warning shot that the House could be legislating the Bill in vain considering the Treasury’s adverse opinion.
He argued that by the advisory, and from his experience, the Bill has a high likelihood of flopping at the assent stage.
“Once the vellum has been prepared, consultation takes place between the Attorney General and the concerned ministry.
“If at this stage they are given an adverse opinion there is a high likelihood that they will give a more adverse opinion to the President when it comes to signing of this Bill,” the Garissa Township MP said.
The legislation sponsored by Minority Leader John Mbadi sought to award pension payout to members who served between 1984 and 2001.
However, the bid to give the former MPs – said to be living in squalor – a lifeline has hit headwinds with Uhuru’s rejection.
Treasury said there would be no basis for increasing the pension to Sh100,000 as payment of benefits is based on salary.
It also warned that backdating the payments would amount to rewarding oneself for service not rendered.