- The judiciary wants the grants which will cost taxpayers some Sh9.8 billion per term reinstated.
- SRC however opposed the same arguing that doing so would amount to double renumeration, as the state had provided judges with chauffeured transport.
Image: FILE
In mid-2022, a battle was set in motion after the Salaries and Remuneration Commission scrapped car grants for judges.
As a result, in August 2023, a petition was filed at the High Court seeking to have the perks reinstated.
The SRC however opposed the same arguing that doing so would amount to double renumeration, as the state had provided judges with chauffeured transport.
The matter was filed before Justice Lawrence Mugambi, who on Tuesday refrained from issuing temporary orders regarding the matter.
"No interim orders can be granted until all parties are heard," the judge ruled during the proceeding.
He directed the 2nd interested party (Judicial Service Commission) to file an application seeking to be struck out of the matter.
The interested parties are the Kenya Judges Welfare Association and the Judicial Service Commission.
SRC is sued alongside the Attorney General.
Further, Justice Mugambi directed that the documents be served to all parties which are yet to receive them, within seven days.
In this case, the Judiciary is seeking to have the 2011, 2015 and 2018 orders which gave judges car allowances reinstated.
In the first order, the judges were entitled to a Sh2 million car grant, which was confirmed as a taxable allowance by then Head of Public Service Francis Muthaura.
Some four years later, the grant was enhanced to Sh5 million and in 2018, to Sh10 million.
In 2021 however, during the subsistence of the subject benefit, SRC wrote to the Head of Public Service asking him to revoke the circulars.
In June 2022, during the pay review, SRC scrapped the orders on the grounds that the head of the public service usurped their mandate.
When he moved to court in August, petitioner Peter Gachuiri told the court that the decision by the salaries commission was unconstitutional and unlawful advice.
He went on to state that the move to abolish the taxable allowance threatened the independence of the judiciary and needed to be reviewed.
SRC dismissed this arguing that "SRC has the ultimate constitutional power and function to set and regularly review the remuneration of judges".
The Commission also expressed concern over impartiality in the matter, stating that the judiciary is conflicted.
It pointed out that Chief Justice Martha Koome, who is chairperson of the JSC, has made public pronouncements in favour of judges regarding the issue.
"This raises concerns on the impartiality of the Judiciary in determining the matter," SRC said.
It added that if in the long run, the verdict benefits judges, taxpayers will have no alternative but to cater for the grants, every four years.
This, SRC said, will be seen as an abuse of judicial authority which would affect the public's confidence in the sector.
According to disclosures before the court the Chief Justice, Deputy Chief Justice and judges were paid Sh378 million in car grants in 2011, which increased to Sh945 million in 2015 and to Sh1.9 billion in 2018.
This would cost taxpayers the same amount in 2023, before shooting to over Sh3.7 billion over the next eight years.
"The additional cost to the taxpayer is estimated at Sh9.8 billion per term with further additional costs arising from the ripple effect to other state officers and CEOs in the public service," an affidavit by SRC says.
The case will be mentioned on November 23, 2023.