- Petitioner wants the court to suspend the implementation of certain parts of the SRC's directive which reduced certain benefits.
- SRC according to the court papers has also varied downward travelling allowance for judges from Sh25,000 to Sh18,000.
Image: JUDICIARY
The Salaries and Remuneration Commission (SRC) is once again in the spotlight after it cut downwards the benefits payable to judges in terms of medical entitlements and traveling allowances.
The Commission in a letter dated October 13, restructured the remuneration of judges and magistrates.
There were some marginal increases in their salaries but documents filed in court show optical entitlement was reduced from fromSh200,000 to Sh75,000 and dental from Sh200,000 to Sh75,000
SRC according to the court papers has also varied downward travelling allowance from Sh25,000 to Sh18,000 which is payable to judges for on-duty travel from the station the judge ordinarily works in.
In her case a lady identifying herself as Marion Joy Onchagwa has sued the SRC over the changes.
She has listed the Kenya Judges Welfare Association and Judicial Service Commission as interested parties.
Through her advocate Elisha Ongoya, Marion says the SRC did not consult the Kenya Judges Welfare Association when it made the changes.
“While the SRC has made marginal increases in the judge's salaries, it has acted without jurisdiction in formulating benefits of Judges which unless urgently resolved would be detrimental to the independence of the Judiciary and delivery of justice,” the court papers read.
She wants the court to suspend the implementation of certain parts of the SRC's directive which reduced certain benefits to persons holding the office of Judge.
In addition, she has faulted the letter for failing to address travel arrangements or transport allowance for Judges who are not allocated official vehicles or in instances the official vehicle has broken down.
She explains that the allowances lowered in optical entitlement and transport are critical. This is due to the extent to which judges use computers to conduct online court sessions, carry out research and type decisions.
“Due to expensive exposure to the screen-light, judges are predisposed to suffer eye problems which ought to be treated sufficiently as a means of ensuring reasonable working conditions and ensuring the productivity of judges,” the court papers read.
She says judges are ordinarily supplied with an official car but in the recent past judges have had to wait for more than two years before they are allocated an official car.
She has also questioned why SRC failed to consult the Kenya Judges Welfare Association in making the changes in the remuneration of Judges.
“It is only fair that the decision of SRC regarding reduction of benefits payable to or in respect of judges be suspended pending the determination of this petition," the court papers read.