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High Court orders SRC to reinstate judges' Sh10 million car grant

President William Ruto presides over the swearing-in of four Court of Appeal judges and two Environment and Land Court judges at State House, Nairobi on September 14, 2022. (Photo: PCS)

By John Mbati | Friday, May 24, 2024

The Justices ordered SRC to reinstate the Sh10 million car allowance and directed the Treasury to continue paying judges the Sh10 million perk.

A three-judge bench comprising Justices Chacha Mwita, Lawrence Mugambi, and Patricia Nyaundi has ruled that judges are entitled to a car allowance, contrary to a directive issued by the Salaries and Remuneration Commission (SRC).

SRC had revoked the taxable allowances that existed before the promulgation of the 2010 Constitution.

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The judges, however, declared that SRC's decision to scrap the allowance on July 12, 2021, was illegal and unconstitutional, arguing that the grants cannot be varied or set aside.

They also ordered SRC to reinstate the Sh10 million car allowance and directed the Treasury to process and continue paying judges the Sh10 million perk.

"A declaration is further issued that the SRC letter dated July 2021, revoking the taxable car allowance, contravenes Article 160 of the Constitution, is a threat to the independence of the Judiciary, and therefore is unconstitutional," said the judges.

"We find the taxable car allowance is a benefit to judges. It's enjoyed by holding the said office," the judges added.

Justices Mwita, Mugambi, and Nyaundi reiterated that the allowance existed before July 2021 and judges were obligated to enjoy the perks as enshrined in the Constitution under Article 160.

Chief Justice Martha Koome arrives at the Madaraka Day celebrations in Embu on June 1, 2023. (Photo: X)

They also opposed submissions by the Attorney General’s Office, which had claimed that the allowances were non-existent and ended with the promulgation of the new Constitution.

In their ruling, the court declared that it had the jurisdiction to rule over the case, whose issues were constitutional and not on an employer-employee basis.

The judges added that their ruling would take effect immediately, declining a request by the Attorney General to stay their order for 60 days

This petition was filed before the High Court by Peter Gachuiri Mwangi, a petitioner who sought to have the directive by SRC nullified.

Mwangi argued that the High Court, Court of Appeal, and Supreme Court judges were mandated by the Constitution to enjoy the Sh10 million allowance.

Judges supported the petition through the Kenya Judges Welfare Association, stating that the car grant eased their operations.