Chief Justice Martha Koome and Justice Mohammed Warsame have rejected an application by the Salaries and Remuneration Commission (SRC) seeking their recusal from a case challenging the taxation of judges' car allowances.

In a brief ruling, the two judges declined to step aside, allowing them to continue handling the dispute.

The SRC, through its lawyer Peter Wanyama, had argued that the commission would not receive a fair hearing if the two judges remained on the case.

Wanyama told the court that Chief Justice Koome had previously described the SRC as an enemy of the Judiciary, raising concerns about the possibility of bias in determining the dispute.

The commission maintained that the alleged remarks created a perception of conflict and questioned whether it could receive a fair hearing before the two judges.

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“This application you have raised so that this matter does not proceed, we have no conflict of interest in this matter. I have no bias, and so is my colleague Justice Warsame,” Koome said.

She added that the judges would focus on hearing the parties and interpreting the Constitution rather than allowing their decision to be influenced by the identities of those involved.

The case centres on the taxation of car allowances paid to judges, a matter involving the SRC and the Judiciary.

The commission's unsuccessful recusal application means Koome and Warsame will remain involved in the proceedings.

The substantive dispute over the taxation of the allowances remains separate from the question of whether the judges should have stepped aside.