Judges got a major win on Friday after a three judge bench quashed Salary and Renumeration Commission Letter dated July 12,2021 purporting to revoke Judges taxable car allowance.
Justices Chacha Mwita, Patricia Nyaundi and Lawrence Mugambi, the SRC letter contravenes Article 160 of the constitution and is therefore unconstitutional, null and void.
The court further issued an order quashing the SRC letter dated July 12,2021 to the extent that it purported to revoke the taxable car allowance payable to Judges.
The judges ordered the principal secretary National treasury and economic planning to forthwith process, pay and continue to pay the taxable car allowance to Judges.
In the case, Peter Gachuiri Mwangi had challenged SRC letter asking for the court to reinstate it after the SRC revoked the car grant in 2021.
The Kenya Judges Welfare Association has supported the case, arguing that the car grant is a necessary benefit for their duties and personal use.
Through president, Justice Kossy Bor, they argued that the allowance is a facility that judges have used since 2008 and that the SRC’s decision to discontinue it is discriminatory given that other state officers use it as well.
However, SRC stated that judges already enjoy lavish lifestyles as part of their perks package, with the car grant amounting to double compensation from taxpayers.
