Civil servants have sued the Salaries and Remuneration Commission (SRC) following its decision to freeze raises on their salaries, claiming it is a violation of their rights and the Constitution.
The Union of Kenya Civil Servants (UKSC) said in a petition filed at the High Court that the circular issued by the SRC on July 18, 2024, amounts to denial, violation and infringement of their fundamental rights.
The union further stated that the decision contravenes an existing Collective Bargaining Agreement (CBA) signed by the union and the government, regarding salary increment of its members.
“That this honourable court do issue a temporary order directing the 1st respondent (SRC) to temporarily recall and suspend its decision to freeze the implementation of salary increments of all public servants as contained in their circular issued on the 18th July 2024 pending the inter-partes hearing and determination of the application,” the petition reads.
Tom Odege, the Secretary General of UKCS said the union negotiated an agreement last year, which was to be implemented in two phases.
The first phase, he said was to cover July 1, 2023 to June 30, 2024, and the second phase was to cover July 1, 2024, to June 30, 2025.
He said the agreement was to ensure that employees in service shall receive an annual salary increment as contained in the basic structure for the respective grades.
But despite the existence of the said CBA, SRC froze the implementation of salary review of all public officers in the financial year 2024/2025 until further notice.
“Our members are low and middle-level employees and hence any salary cut or delay in any manner is likely to financially affect them greatly in regard to their daily survival,” he said.
Mr Odege said the Ministry of Public Service has the mandate of ensuring effective service delivery in the public service among others, by ensuring that matters payroll and payment of public servants and effected appropriately.
He has faulted the ministry and Attorney-General Dorcas Oduor over failure to properly advise the SRC.
“The said move by the 1st Respondent (SRC) is unfair, and unconstitutional as it goes against the very spirit of the CBA signed on September 11, 2023 as it contravenes the terms therein and amounts to a denial of our members’ right to a pay rise,” he said.
The SRC in July extended a freeze on salary increments to all public officers, citing financial struggles facing the Exchequer in light of growing debt repayment obligations and missed revenue collections.
“As a consequence of the emerging fiscal constraints and budget cuts emanating from the withdrawal of the Finance Bill, 2024, SRC has deferred the implementation of the salary review for all other public officers in the financial year 2024/2025 until further notice, contingent upon the availability of funding,” the commission said in a notice.
The SRC decision came in wake of a similar move to freeze salary increments for top State officers led by of President William Ruto, his deputy Rigathi Gachagua, Cabinet Secretaries, and lawmakers.
A majority of public servants have been agitating for salary reviews saying they need to be cushioned from the high cost of living.
