Milimani Law Courts
The Employment and Labour Relations Court has upheld the decision of the Salaries and Remuneration Commission (SRC) to scrap various allowances for Members of County Assemblies (MCAs).
Justice Onesmus Makau, in a ruling delivered on Friday, September 5, affirmed that the payment of Retreat Allowances, Sitting Allowances for Internal Institutional Committees, and Taskforce Allowances for Internal Institution Taskforces to MCAs amounted to double compensation.
The case had been filed by the County Assembly of Embu, which challenged SRC’s directive, arguing that the move demoted MCAs from Job Grade D5 (equivalent to Job Group P in the civil service) to Job Grade D4 (equivalent to Job Group N), thereby reducing pay and benefits in violation of the Constitution and amounting to unfair labour practices.
However, Justice Makau dismissed the claims, noting that MCAs had failed to provide evidence showing they were ever elevated to Job Grade D5.
He further observed that the County Assemblies Forum had consistently endorsed SRC’s grading in all its correspondence, undermining the petitioners’ case.
The court also sided with SRC on the issue of non-practicing allowance, ruling that the County Assembly of Embu had not produced any evidence to prove the Commission unlawfully declined to approve such payments for professionals in the county assembly public service.
Justice Makau concluded that the petitioner had not demonstrated any constitutional violations or unfair labour practices.
“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,” he ruled.
SRC had told the court that a comprehensive job evaluation of State officers consistently placed the role of MCAs at Job Grade D4 during the first, second, and third remuneration and benefits review cycles.
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