High Court blocks SRC cuts to judges’ medical cover and travel allowances
Justice Roselyne Aburili ruled that the Salaries and Remuneration Commission overstepped its mandate and undermined judicial independence. SRC says it will appeal, The Standard reported.
The High Court has declared unconstitutional a decision by the Salaries and Remuneration Commission (SRC) to cut judges' medical and travel benefits, The Standard reported. Justice Roselyne Aburili found that SRC went beyond its constitutional mandate. She said it encroached on the role of the Judicial Service Commission (JSC) and violated the independence of the Judiciary. The judge quashed SRC's October 13, 2023 letter to the extent that it affected benefits other than pay for judges, judicial officers and Judiciary staff. Under that letter, judges' optical and dental covers were each cut from KSh 200,000 to KSh 75,000. Their daily subsistence allowance (DSA) for official travel dropped from KSh 25,000 to KSh 18,000. Aburili ruled that the Constitution gives SRC power over remuneration only. Other conditions of service belong to the JSC. She held that DSA is not part of remuneration, so setting it fell outside SRC's mandate. The Special Judicial Duty Allowance also falls under the JSC because not all judges and staff receive it. She further found that SRC breached Article 160(4), which bars changes to judges' benefits to their disadvantage. The petitioner did not win on every point. The judge rejected complaints about the KSh…
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