Former Salaries and Remuneration Commission chairperson Sarah Serem at a past function.[photo/standardmedia.co.ke]Members of County Assemblies (MCAs) have moved to court to challenge the Gazette Notice by Salaries and Remuneration Commission (SRC) which caps the payment and benefits for State officers in the County governments.
Through the County Assemblies Forum, the MCAs want the High Court to suspend the implementation of the said decision as it is “unreasonable and ignored relevant considerations”.
According to them, the Gazette Notice is discriminatory, malicious, arbitrary, goes against their legitimate expectations. Through Ompongi, Kiptoo Advocates, the MCAs claim that the said decision has negatively affected the affecting functioning of the 47 county assemblies and County Governments in performing the functions necessary for the implementation of devolution.
The MCAs argue that SRC ignored the mandatory provision which requires a cause to be conducted on the prevailing economic situation and a comprehensive job evaluation and that it made the determination that is in excess to its jurisdiction.
The decision of SRC to reduce and abolish the remuneration and benefits of the state officers in county assemblies and retain similar remuneration and benefits of other state officers is discriminatory and contrary to Article 27 of the constitution,” claimed the Society’s Secretary General Eric Mwangi in court documents.
They claim that they have engaged SRC since the publication of the gazette notice to have it reversed without success rendering this action necessary. Ward Reps argue that replacing the mileage allowance with a fixed monthly transport allowance payable through payroll is not workable.
“The review is unfair and motivated by bad faith as it was undertaken when persons interested in becoming MCAs had already undergone political party nominations and were amidst political campaigns for the August 8, 2017, general elections,” claimed Mwangi.