SRC must consider memoranda by counties before reviewing salaries » Capital News

NAIROBI, Kenya, May 31 — The Salaries and Remuneration Commission (SRC) must consider memoranda by counties before reviewing salaries and benefits for public officers, the court has ruled.

Justice Byrum Ongaya of the Employment and Labour Relations Court (ELRC) Friday ruled that it was illegal for the commission to establish requirements or set salary guidelines for public or state employees without considering input from employers.

Ongaya said SRC move was against the International Labour Organisation (ILO) agreement on workers’ rights.

“The respondent cannot act suo moto (on its own motion) without responding to proposed or communicated needs of the national and county governments as submitted to it by way of proposals or recommendations,” the judge explained.

“In other words, the respondent does not serve its own created real or perceived needs. It is established and exists to address requests presented to it by relevant authorities in the national and county governments towards exercising and discharging its constitutional and statutory powers and functions.”

The Court also ordered that a year before the next cycle of reviews, SRC should put in place regulations to ensure step-by-step stakeholder involvement.

 It directed the commission to engage the county public service boards before reviewing the salaries and benefits of public officers working in counties.

The verdict followed a petition filed by 47 County Public Service Boards on February 2, 2023, claiming members of the boards were state officers. SRC declined to engage them on their remuneration.

They argued they were earning three to four times less than their peers in the public sector.

The petitioners had asked the commission — through joint memoranda on June 21, 2021 — to review their salaries upwards to mirror those in the Public Service Commission (PSC).

They petitioned SRC on underpayment and mis-grading of the position of secretary to the board.

The petitioners argued SRC was usurping the mandate of the County Public Service Boards by setting the remuneration and benefits of their officers.

However, SRC responded to the petitioners saying it would only review the salaries after two fiscal years and based on the status of the economy.

SRC claimed that PSC is an independent body, distinct from County Public Service Boards.

SRC also said it could not use PSC as a benchmark for County Public Service Boards.

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