The High Court on Friday ruled that judges were entitled to a Sh10 million taxable car allowance which had been scrapped by the Salaries and Remuneration Commission (SRC).
This is a win for the judges at large.
Justices Chacha Mwita, Patricia Nyaundi, and Lawrence Mugambi declared a letter by SRC dated July 12, 2021, revoking the benefit for judges unconstitutional null, and void.
They said the move interferes with the independence of the Judiciary, ordering the National Treasury to process and continue to pay the benefit to judges.
“A declaration on tax car allowance for private use for judges has been in existence and it’s a benefit to judges and can’t be varied,” the court noted.
SRC had in February this year pleaded for the case challenging the decision to scrap car allowance for judges to be taken for mediation.
Through lawyer Peter Wanyama, the commission had argued before court that judges cannot hear and determine a matter that is of their interest.
“Can a judge sit on a matter where they have peculiar interests? The decree will be to the judges, not to the petitioner,” Wanyama argued then.
Lawyer Issa Mansour, appearing for the Judicial Service Commission (JSC), however asked the court to dismiss the application by SRC and let the matter be heard and determined.
It’s not clear if SRC will appeal the ruling.
