The Salaries and Remuneration Commission (SRC) has announced plans to appeal a High Court decision that limited its authority over the allowances and benefits of judges and judicial officers.
The commission made the announcement following a judgment delivered at the Milimani High Court on October 23, which found that SRC's mandate concerning judges was limited to determining their remuneration.
Justice Roselyne Aburili Ekirapa ruled that medical cover, daily subsistence allowance (DSA) and special judicial duty payments fall under the responsibility of the Judicial Service Commission (JSC), which handles matters relating to the working conditions of judges.
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In a statement issued on Wednesday, November 4, SRC said it disagreed with the interpretation of its constitutional mandate and intended to challenge the decision.
“The SRC will appeal a High Court judgment which held that SRC’s mandate over judges and judicial officers is limited to remuneration, and further that Daily Subsistence Allowance (DSA), Medical Cover and Special Judicial Duty Allowance fall under the JSC,” the commission stated.
SRC maintained that its constitutional responsibility extends to determining the pay and benefits of all state officers, including members of the Judiciary.
The commission argued that allowances and benefits provided to facilitate official duties should fall within its oversight because they form part of the compensation paid using public funds.
“Allowances and benefits attached to a state officer fall within SRC’s mandate, whether or not they are also described as conditions of service. SRC notes that a benefit that facilitates official duty is still part of the total compensation of a state officer and is still paid from public funds,” the commission said.
SRC also warned that the ruling could encourage other government institutions to seek similar powers, potentially making it difficult to maintain uniform allowance rates across the public service.
Dispute over changes to judges’ benefits
The case arose from a petition challenging changes SRC introduced to judges’ benefits through a letter dated October 13, 2023.
Among the disputed changes was a reduction in dental and optical cover from KSh200,000 to KSh75,000 each. The commission also reduced the daily subsistence allowance for official travel from KSh25,000 to KSh18,000.
Justice Aburili ruled that SRC lacked the legal authority to make the changes and found that reducing the benefits violated constitutional safeguards against lowering judges’ entitlements.
The court consequently cancelled the disputed sections of SRC’s October 2023 communication relating to benefits that it found fell outside the commission’s mandate.
However, the judge rejected claims concerning transport allowances and car loans after finding that the petitioner had not presented sufficient evidence to support them.
SRC maintains its position
SRC says its planned appeal is intended to defend its role in determining the remuneration and benefits of public officers while ensuring that public expenditure remains fair and manageable.
The planned appeal sets the stage for a further legal contest over the division of responsibilities between the Salaries and Remuneration Commission and the Judicial Service Commission in matters affecting judges and judicial officers.