It's a win for Judges after the High Court quashed a decision by the Salaries and Remuneration Commission (SRC) that revoked their taxable car allowance.
Justices Chacha Mwita, Patricia Nyaundi and Lawrence Mugambi at the same time ordered PS Treasury to process, pay and continue to pay the Sh10 million benefit to Judges.
The judges said they are entitled to the car allowance which was in existence before the promulgation of the 2010 constitution and cannot be varied.
They dismissed arguments by the Attorney General that the benefit ceased to exist and didn't transition into the new constitution.
Under the repealed constitution, judges were allowed to buy duty-free vehicles.
The point of divergence was whether the benefit transitioned to the new constitution which the three-judge bench said it did.
"We find the taxable car allowance is a benefit to judges. It's enjoyed by holding the said office," they said.
They also affirmed their authority to determine the case saying the issues raised were constitutional and not employer-employee issues as suggested by the Attorney General.
In closing, the judges declared that the taxable allowance for the purchase of vehicles for judges existed before July 2021 and is a benefit payable to judges under Article 160 of the constitution and can not be varied or set aside to the disadvantage of judges.
"A declaration is further issued that SRC letter dated July 2021 revoking the taxable car allowance contravenes article 160 of the constitution, is a threat of the independence of the Judiciary and therefore unconstitutional," said the Judges.
The judges subsequently declined to suspend their decision for 60 days as had been sought by the state immediately after the decision was rendered.
"We have declined the stay based on the fact that our decision has declared the act unconstitutional," they said
