Nairobi MCAs have joined others across the country to demand housing allowance as per a ruling of the High Court in a petition by the Council of Governors.
High Court Judge Chacha Mwita in the Constitutional Petition No. 328 of 2016 ruled on October 5 last year that deputy governors were entitled to house allowances like other state officers.
Mwita found that failure to award the deputy county chiefs housing allowances was discriminatory, unjustifiably selective, and contrary to Article 27 of the Constitution.
Other county assemblies that have so far endorsed a motion giving MCAs housing allowances include Homa Bay, Isiolo, Garissa, Kakamega and Murang’a.
The Nairobi assembly leader of Majority Abdi Hassan Guyo said the legislators want house allowance as state officers based on Justice Mwita's judgement.
Guyo told the Star yesterday that the office of the MCA has been strongly anchored as a fundamental component in the county government administrative system.
The ward rep quoted Article 11 of the Constitution which acknowledges that devolved governments are a key component of governance.
MCAs basic salary is sh 123,750 which means they would be entitled to Sh18,562 as 15 per cent of monthly pay as stipulated by the Employment Act 2014.
He emphasised that the SRC should be mindful of the remunerative needs of public and state officials and facilitate the successful execution of their duties and mandates.
The Matopeni ward rep said there should be no disparities in the remuneration state officers.
“Accepting such conduct is a violation of the fundamental rights of the state officers and is desirous of denunciation by the MCAs,” he said.
The governing council of the County Assemblies Forum had resolved that the non-payment of housing allowance for MCAs is a fundamental breach of the rights of the members.
Guyo said that the implementation of the payment of the house allowance to the legislators should commence with immediate effect upon action by SRC.
Laikipia MCAs on Wednesday last week passed a motion to award themselves house allowances.
Leader of Majority Peter Thomi (Githiga) tabled the motion on Wednesday and directed that the implementation of the allowances be backdated to October 2018.
The motion did not direct how much the MCAs would earn in allowances, but directed immediate implementation.
(edited by O. Owino)
