SRC vows to appeal reinstatement of Sh10mn car grant for judges » Capital News

NAIROBI, Kenya, May 25 — The Salaries and Remuneration Commission (SRC) has vowed to appeal the High Court decision to reinstate a Sh10 million grant for judges payable every four years.

SRC Chairperson Lyn Mengich, reacting to the decision on Friday, criticized the court’s decision emphasizing the financial burden it would impose on taxpayers.

Mengich highlighted that the reinstated grant would result in a Sh2.5 billion expenditure every four years, based on the current number of judges, a figure expected to increase as the Judiciary expands.

She pointed out that judges already receive vehicles and drivers from taxpayers, questioning the necessity of the additional grant.

”The head of Public Service does not have any mandate in the constitution to review or set any benefit or any state officer including this particular one. Only SRC has that preserve under the new constitution,” said Mengich.

She maintained the SRC has exclusive authority to determine the benefits of any state office under the Constitution.

Conflict of interest

Mengich raised concerns about the potential conflict of interest, as judges presiding over the case stood to benefit from the ruling.

Similarly, she argued that the decision did not undergo public participation, which is crucial for such significant financial commitments.

”As a commission, we are committed to upholding the Constitution and therefore we will be appealing the judgment,” added Mengich.

A three-judge bench of the High Court Friday ordered the reinstatement of the grant, overruling the SRC.

Justices Chacha Mwita, Patricia Nyaundi, and Lawrence Mugambi declared SRC’s directive to discontinue the car grant null and void.

The bench directed the Treasury to release funds for the scheme without further delays.

SRC had ordered the discontinuation of the facility in July 2021, under the now annulled circular.

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