County Speakers, SRC clash over Sh347m car benefits demand

They also want to be provided with Sh200,000 monthly for car maintenance—a demand that would cost taxpayers Sh112.8 million annually. This means the taxpayers will fork out Sh347.8 million in the first instance if the court grants the orders sought.

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The Speakers have sued the SRC over alleged discrimination in provision of the car grants to elected leaders.

They want the High Court to compel the commission to provide them with Sh5 million car grants payable once in a County Assembly term and Sh200,000 monthly car maintenance.

Through Issa & Company Advocates, the speakers allege discrimination in the motor vehicle benefits given by SRC to elected leaders at different levels.

They want the car grant to buy their personal vehicles on top of the official car, saying the latter can only be used during office hours.

They also want to be provided with a Car Mileage Allowance to be reimbursed at the applicable rate using a car engine capacity not exceeding 3,000cc.

Their dispute is against gazette notices issued by SRC in July 2022 and August 2023 reviewing the remuneration and benefits for State Officers in the County Assemblies. In the 2022 Notice, Speakers were granted a car loan of up to Sh4 million while Deputy Speakers and MCAs were granted a car loan of up to Sh2 million.

In the 2023 Notice, they say SRC reviewed and maintained the official car for the Speakers while Deputy Speakers and MCAs were entitled to a motor vehicle reimbursement, car maintenance allowance, and mileage claim.

“The official car provided for the Speakers of County Assemblies is not a benefit to the Speakers strictly speaking. The official car is an asset that belongs to the County Assemblies and once the Speaker exits the office, he/she does not go with the official car neither is it offered for purchase. This is unlike the Deputy Speakers and MCAs who in lieu of an official car were issued with a Motor Vehicle reimbursement of Sh2.2 million that is payable once in the term of the County Assembly,” they say.

They want the court to quash two gazette notices issued in July 2022 and August 2023 for providing a differential and discriminatory treatment for the official transport benefits for Speakers of the County Assembly, Deputy Speakers, and Members of the County Assembly.

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Despite the Speaker having been issued with an official car, the said car is a pool vehicle that is shared amongst the Speakers and the Clerks of the County Assembly and at times the leadership of the County Assembly.

“This essentially means that the use of the official car by the Speaker is not automatic. The political and practical ramification of the foregoing is that, at all times the Speakers have to be on good terms with the Clerks, failure to which the Speakers can easily be denied access and use of the official car in a bid to frustrate them in discharge of their official duties,” reads the court papers.

The petition adds that SRC allowed Deputy Speakers and MCAs to enjoy the privilege of choosing their preferred motor vehicle.

The Petition is accusing SRC of creating a disparity in the benefits accruing to the Speakers of the County Assemblies, their Deputies, and MCAs.

“There is no rational explanation or justification for this differential treatment. SRC failed to consider the importance of the Speaker of the County Assembly and the need for them to maintain impartiality in the discharge of their important functions,” they added. The Petition is pending hearing and determination.