The Employment and Labour Relations Court has upheld the Salaries and Remuneration Commission’s (SRC) decision to scrap several allowances previously enjoyed by Members of County Assemblies (MCAs).
The allowances affected include the Retreat Allowance, Sitting Allowances for Internal Institutional Committees, and Taskforce Allowances. Justice Onesmus Makau ruled that awarding these payments on top of gross pay amounted to double compensation.
According to SRC, the responsibilities of MPs and MCAs already involve attending plenary sessions, which are covered in their consolidated monthly remuneration package. Granting additional sitting allowances, the commission argued, would unfairly inflate compensation.
The County Assembly of Embu had petitioned the court, arguing that MCAs were unlawfully demoted from Job Grade D5 (equivalent to Job Group P in the civil service) to Job Grade D4 (equivalent to Job Group N). The assembly claimed this downgrade reduced benefits, violated the Constitution, and amounted to unfair labour practices.
However, Justice Makau dismissed the claims, noting that the MCAs had failed to produce any evidence proving they were previously elevated to Job Grade D5. The court also pointed out that the County Assemblies Forum had, in its communications, fully welcomed SRC’s grading, showing no indication of dissatisfaction.
On the issue of non-practicing allowances for professionals in county assemblies, the court sided with SRC, finding that the Embu Assembly did not provide any evidence to substantiate its claims.
In conclusion, Justice Makau ruled that the allegations brought forward by the petitioner were baseless and lacked justification.
This ruling reinforces SRC’s mandate to streamline and harmonize public sector pay, ensuring fairness in remuneration while curbing the ballooning public wage bill.
