The court dismissed the petition with costs.The Employment and Labour Relations Court in Nyeri has upheld a decision by the Salaries and Remuneration Commission to scrap allowances previously enjoyed by Members of County Assemblies (MCAs).
The court ruled that the payments amounted to double compensation.
In a petition filed on November 17, 2023, the County Assembly of Embu challenged three SRC circulars that scrapped retreat allowances, sitting allowances for internal committees, and taskforce allowances.
The assembly also challenged the grading of MCAs at Job Grade D4, arguing they had been unfairly “demoted” from Grade D5.
In their submissions, the petitioners maintained that the SRC acted unilaterally and in violation of Articles 10, 27, 41 and 47 of the Constitution.
They argued that MCAs’ roles in representation, legislation, and oversight had not changed, yet their pay and benefits were reduced.
“The removal of allowances is unfair, unreasonable, unjustified, oppressive, unlawful and manifestly unconstitutional,” the assembly told the court.
The Meru assembly added that the changes undermined devolution and discriminated against MCAs compared to other state officers.
The SRC, however, dismissed the claims, insisting that MCAs have consistently been graded at D4 across all job evaluation cycles.
“At no particular time has the role of MCA been elevated to Job Grade D5,” the commission said through its CEO, Anne Gitau.
On the scrapped allowances, SRC argued that MCAs were already compensated through their consolidated gross pay.
“Additional sitting allowances in addition to the gross monthly remuneration package would amount to double compensation,” it stated.
In his ruling delivered on August 29, Justice Onesmus Makau sided with the commission, finding no evidence that MCAs had ever been graded at D5.
He noted that even a consultancy report relied upon by the petitioners placed MCAs at D4.
“It is therefore interesting to see the petitioner bring this suit to challenge the grading of MCA at Grade D4, yet it always knew that MCA was graded D4,” the judge observed.
On allowances, the court agreed with SRC that retreat and internal sitting allowances duplicated remuneration.
“There was a basis for scrapping the same… namely, that the allowances amounted to double compensation,” Justice Makau held.
The court also dismissed claims of discrimination over non-practising allowances for professionals working in the assembly, ruling that no evidence had been presented to substantiate the allegations.
"In view of the foregoing conclusion, I find that the petitioner has failed to prove its case on a balance of probability and as such it is not entitled to the reliefs sought. Consequently, I dismiss the
petition with costs," Justice Makau ruled.
