Salaries panel and JSC to meet to resolve paid sittings cap row

Members of the Judicial Service Commission prepare for the first interview of Justice Alnashir Visram at the Supreme Court on august 29, 2016. Photo/Jack Owuor
Members of the Judicial Service Commission prepare for the first interview of Justice Alnashir Visram at the Supreme Court on august 29, 2016. Photo/Jack Owuor

The JSC and the Salaries and Remuneration Commission will meet today to iron out differences on the capping of sitting allowances.

Justice Edward Muriithi ruled the case will proceed to full hearing on January 23 next year if the two parties fail to agree.

The Judicial Service Commission had accused the SRC of being unwilling to settle the dispute.

The row arose after the salaries agency issued a circular in December 19, 2013 requiring sitting allowances for the commissioners to be capped at eight sittings every month.

The team comprises of Attorney General Githu Muigai, JSC vice chairperson Margaret Kobia, Justice Mohamed Warsame and Emily Ominde.

It was agreed that the joint first meeting between the parties would be held on October 7 this year at the Attorney General’s office.

On the day, Ominde and registrar of the JSC Winfrida Mokaya proceeded to the AG’s office for the meeting but upon arrival were informed it had been cancelled as SRC chairperson Sarah Serem was not available.

The meeting was cancelled without any notice and despite JSC efforts, the SRC has not convened any other meeting.

The salaries agency had capped the number of the commissioners’ paid sittings at eight per month, prompting the JSC to file an opposing petition in the High Court.

The JSC argued that the capping its sittings would delay its recruitment of a new Chief Justice and the deputy by six months and slow down the promotion of magistrates and other employees in the Judiciary.

Amadi however claimed that the SRC lacked the power to cap sitting allowances for judicial officers.

She said SRC is not vested with any powers of oversight over other independent offices and constitutional commissions.

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