The Kenya Magistrates and Judges Association has told off the Salaries and Remuneration Commission over its plans to abolish the non-practising allowances for its members.
In a letter dated March 7 and addressed to the SRC Chief Executive Officer Ann Gitau the association through its President Derrick Kuto told the commission that it has no mandate under the constitution to take the proposed steps.
“The Rationale underpinning non-practising allowance is to cushion a public officer for forfeiting legal practice. The said rationale remains current. It is the opinion of KMJA that SRC has no mandate under the constitution to take the steps proposed,” Kuto said in a letter.
The Association also said that it will use all the available means to resist the said proposals if SRC goes ahead to implement them.
“SRC remains Contemptuous and any proposal to remove the obviously inadequate amount will be resisted by all means available," he said in a letter.
“The prevailing laws that pronounced key decisions like the; Erastus K Gitonga and 4 others VS National Environment Management Authority; Law Society of Kenya (interested party) (2019) Eklr and others should guide the commission,” it said.
Kuto said that Judges and magistrates are paid poorly compared to Senators, MCAs and MPs.
He faulted the SRC for failing to comply with a court order of 2019 that directed it to review the non-practising allowance.
Kuto strongly objected the SRC proposals and said that it was a way of disregarding the work of Judges and Magistrates.
"To abolish Non-practicing allowance for hon Judges and Judicial officers is akin to insulting them. What they currently earn is already too low to compensate them for foregoing practice," said President Derrick Kuto.
Kuto said that already there was a suit filed by the Association against SRC and the association had obtained key orders in its favour which the SRC ignored.
"Since SRC was established under the Constitution of Kenya 2010, no review has ever been done for Judges, Magistrates, and Kadhis. This is rather unfortunate. We have done several memoranda to them." Added President KUTO
Multiple sources within the Magistracy also accuse JSC of doing little to push for better terms of service for its staff.
"JSC has been in slumber. Parliamentary Service Commission has been at the forefront of defending Mps. JSC is rather slow on matters of salaries," Said one distressed kadhi who sought anonymity,"he said.
"SRC Commissioners should sit in courts to see for themselves how this job is not for the faint-hearted."
