Ward reps sue salaries team in dispute over allowances

The salaries commission is facing a fresh legal battle over its decision to review pay for State officers working in county governments.

In a suit filed by County Assemblies Forum (CAF) on Monday, the ward representatives have protested against the decision by Salaries and Remuneration Commission to review the State officers’ pay and benefits downwards, saying it has affected effective functioning of devolution.

Through lawyer James Mbugua, the ward reps termed the decision unreasonable, discriminatory, arbitrary and against their legitimate expectation.

MORTGAGE

CAF claimed it has made futile attempts to engage the commission to reverse the decision since the matter was published in a gazette notice dated July 7, 2017, before opting to go to court.

The MCAs argue the decision denies them the right to annual salary increment, mortgage, transport and other benefits accorded State officers.

“The implementation of the impugned decision will unduly undermine the due and efficient operation of the 47 county assemblies as well as governments,” said Mr Mbugua.

The ward reps have accused SRC of failing to conduct a study on the labour market efficiency and dynamics, a survey of the prevailing economic situation and a comprehensive job evaluation.

SRC has also been accused of failing to consult the public before making its decision which affects State officers working in both levels of government, the Senate and constitutional commissions.

SITTING ALLOWANCE

In the case documents, CAF claims it complied with the disputed gazette notice even though it is dissatisfied with the “lower, unfair and patently erroneous ranking” accorded State officers serving in counties.

Apart from being accorded a fixed monthly gross salary, the SRC abolished special responsibility allowance and mileage, and reduced the sitting allowance.

The MCAs argue that the commission failed to take into account the guiding principles.

In the said perks, the majority and minority leaders were entitled to Sh32,000 special responsibility allowance, the Chief Whip and deputy Sh29,000, committee chairpersons

Sh26,000, their deputies Sh23,000 and members of the Speakers panel Sh20,000.

The sitting allowance for the chairpersons was between Sh6,500 and Sh8,000 but was slashed to Sh5,000 per sitting and Sh3,000 for vice chairpersons.

The ward representatives, therefore, want court to properly define the jurisdiction of the commission with regard to the county governments.

“There is a great public interest and an immediate need for the court to interpret and pronounce itself on the relationship between SRC and county governments,” said Mr Mbugua.