Disquiet over the ‘low’ salaries for new judges
President Uhuru Kenyatta, Deputy President William Ruto, Attorney-General Githu Muigai and Chief Justice Willy Mutunga with newly appointed High Court judges at State House, Nairobi. PHOTO | PSCU
What you need to know:
- The judges told the CJ the matter amounted to discrimination and is contrary to Article 27 of the Constitution which promotes equality.
- LSK representative to the JSC Tom Ojienda told Sunday Nation that it is shocking that such glaring disparities could exist in the Judiciary.
Eleven judges who were sworn in recently have complained about their pay which they say is way below their expectations and lower than that of some magistrates.
In a confidential letter seen by the Sunday Nation, the judges have faulted the Salaries and Remunerations Commission (SRC) and the Judicial Service Commission (JSC) for the payment regime they say disadvantages them.
The Sunday Nation has seen a copy of the protest letter dated August 21 addressed to Chief Justice Willy Mutunga, in which the aggrieved judges sought his urgent intervention.
“Our gross salary as per the said letters of appointment is Sh532,000 which is inclusive of all allowances except non-practising allowance of Sh13,500 which, in our considered view, falls way below the anticipated amount which is currently payable to our colleagues who joined the Bench in 2012, which stands at approximately Sh700,000,” they wrote.
They told the CJ the matter amounted to discrimination and is contrary to Article 27 of the Constitution which promotes equality.
They have told the CJ that the judicial system would suffer if the JSC does not address their plight immediately.
They argue that there is no justification for the pay gap, saying any new judge who joins the Judiciary is assigned the same work as one who has served for a long time.
“It behoves us to imagine that a determination was arrived at, that earlier serving judges should enjoy higher entry perks. Will this apply to other judges who are expected to be appointed, most of whom are serving chief magistrates who, to the best of our knowledge, earn salaries and allowances in excess of Sh700,000?” they wrote.
All 11 judges — Justice Robert Limo, Justice Joseph Onguto, Justice Justus Bwonoga, Lady Justice Roselyn Ekirapa, Lady Justice Janet Mulwa, Lady Justice Farah Amin, Lady Justice Margaret Muigai, Justice Anthony Mrima, Justice Charles Kariuki, Justice Enock Mwita and Justice Crispin Nagillah — signed the letter.
“We therefore seek fairness and equal treatment because, at the end of the day, what is expected of us is nothing less,” the judges petitioned.
They also protested the delay in payment of salaries.
OUTSIDE JSC MANDATE
The letter, which is also copied to the Chief Registrar of the Judiciary Anne Amadi, Justice Aggrey Muchelule and the Principal Judge of the High Court Richard Mwongo, sought to know if, at the time of setting their salaries, the SRC undertook a job valuation on what a high court judge does.
Ms Amadi acknowledged the situation but said there is nothing JSC can do about it, arguing that payment of judicial officers was outside their mandate.
“This is more an issue for the SRC and Treasury to solve than it is for us. Either at the CJ’s or my level, there isn’t much we can do,” she told Sunday Nation.
The registrar also sought to explain that it was possible, under certain circumstances, for a magistrate or chief magistrate to earn more than a judge.
“A magistrate who has served for more than 20 years will certainly earn more than a judge who has just been employed. People get increments over time, which is subject to human resource forces,” she said.
Law Society of Kenya representative to the JSC Tom Ojienda told Sunday Nation that it is shocking that such glaring disparities could exist in the Judiciary.
“With my understanding of what the job of a judge entails, this is a mockery of the judicial process. The Salaries and Remuneration Commission as well as Treasury must look into this. You do not address the case backlog that dogs the Judiciary by underpaying judges,” he said.
The appointment of the judges by President Uhuru Kenyatta in June was greeted with an uproar after the President approved the appointment of 11 judges from a list of 25 recommended by JSC.
LSK Chairman Eric Mutua said the President had no powers to turn down the nomination of the remaining 14 candidates. The LSK has since moved to court.
“Consultations between my office and that of Chief Justice Willy Mutunga, the chairperson of the JSC, are going on,” Mr Kenyatta said after the protests.
