SRC plans to challenge the High Court ruling on judges’ benefits.
The commission will challenge a judgment placing medical cover and certain judicial allowances under the Judicial Service Commission.
A planned SRC appeal will challenge a High Court ruling limiting the commission’s authority over judges’ benefits. The Salaries and Remuneration Commission maintains that its constitutional mandate covers both pay and benefits across the public service.
Justice Aburili Roselyne Ekirapa delivered the judgment at the Milimani High Court on October 23. She found that the Judicial Service Commission (JSC) oversees medical cover, daily subsistence allowances and special judicial duty payments.
SRC appeal to contest limits on its mandate
In a statement, SRC disputed the court’s finding that its role concerning judges and judicial officers covers remuneration alone. Instead, it argued that benefits remain within its mandate even when they also qualify as conditions of service.
The commission said allowances supporting official duties form part of a state officer’s total compensation. Because public funds finance these payments, SRC maintains that they should remain under its oversight.
It also warned that the judgment could prompt other government institutions to seek similar control over benefits. Such demands, the commission argued, could make consistent allowance rates across the public service harder to maintain.
SRC said it would pursue the appeal to defend its role in setting pay and benefits. It also cited the need to keep government spending fair and manageable.
Court overturns reductions to medical and travel benefits
The dispute followed a petition challenging changes SRC introduced through a letter dated October 13, 2023. Those changes reduced dental and optical cover from Ksh200,000 to Ksh75,000 each. They also lowered daily subsistence allowances for official travel from Ksh25,000 to Ksh18,000.
However, the judge found that SRC lacked legal authority to make those changes. She ruled that the reductions breached constitutional safeguards protecting judges against cuts to their entitlements.
The court consequently cancelled the disputed provisions of the October 2023 communication covering benefits outside SRC’s authority. The ruling placed responsibility for those benefits with JSC as part of its oversight of judges’ working conditions.
Meanwhile, the judge rejected claims concerning transport allowances and car loans because the petitioner had presented insufficient supporting evidence.
