The judge suspended a gazette notice that seeks to have payment of the reviewed salaries effected.
The County government of Kakamega together with its Assembly Board have sued the SRC while protesting against the reviewed salaries.
State officers in county governments include governors, speaker of the county assemblies, Members of the County Assemblies (MCAs) as well as members of the county executive committee.
State officers working in County Governments have gotten a reprieve after the High Court temporarily suspended implementation of pay cuts and abolished allowances.
Justice Enoch Chacha Mwita on Tuesday issued the temporary order after the county government of Kakamega moved to court to challenge the move by the Salaries and Remuneration Commission (SRC) to have the reviewed payments be implemented.
The judge consequently suspended a gazette notice that seeks to have payment of the reviewed salaries effected.
“Pending the hearing and determination of this case, this court is pleased to grant a conservatory order staying the implementation and enforcement of the decision made by SRC as contained in gazette Notice No. 6518 dated July 7, 2017 purporting to review the remuneration and benefits for state officers in the county government,” the judge said today.
Through lawyer Daniel Sifuma, the County government of Kakamega together with its Assembly Board have sued the SRC while protesting against the reviewed salaries.
They fault SRC for failing to grant county staff an opportunity to make presentations on the review as required under the Fair Administrative Act.
State officers in the county governments include governors, speaker of the county assemblies, Members of the County Assemblies (MCAs) as well as members of the county executive committee.
Reviewed pay
In the review made by SRC, the monthly gross remuneration package has been fixed for the term of office of State officers in county governments.
Also, governors and their deputies’ allowance, reimbursable mileage allowance, sitting allowance for plenary sessions and the special responsibility allowance are the benefits which had been abolished.
Governors used to get Sh 80,000 per month as their allowance while their deputies got Sh 64,000 as per an earlier gazette notice published in March 1, 2013.
In the case documents, the County government of Kakamega claimed that the payment of transport allowance has also been clustered into four zones with MCAs set to be paid a fixed monthly amount for the same through the payroll.
They are also protesting the fact that the said allowances have since been abolished on grounds that SRC failed to consider that the total public compensation bill is fiscally sustainable and the need for ensuring that public service attracts as well as retains skills required to execute their functions.
They argued that SRC failed to consider the need to recognise productivity and performance as well as transparency.
“By reviewing salaries of state officers without first causing to be conducted a study on labour market efficiency and dynamics, a survey of prevailing economic situation as well as a comprehensive job evaluation which leads to a report on findings as a basis for the review at least a year before its implementation, SRC acted illegally,” said Mr Sifuma.
The said county government also faulted the fact that mileage allowance for MCAs has been abolished while arguing that that is a mandate of the county assembly boards whose role is to ensure the wellbeing of members.
MPs and MCAs have separately filed similar suits on the same subject matter while SRC on the other hand has sought to defend its stand in a third case.
Justice Mwita directed the cases be mentioned together before High Court judge George Odunga tomorrow (Wednesday).
