Salaries and Remuneration Commission v Kenya Union Commercial Food and Allied Workers & 2 others (Civil Appeal E489 of 2020) [2025] KECA 402 (KLR) (28 February 2025) (Judgment)

Facts

The 1st respondent, Kenya Union of Commercial Food and Allied Workers, filed a petition against the Salaries and Remuneration Commission (SRC) alleging that the SRC's circular dated 4th July 2012 violated their constitutional rights and the SRC Act. The SRC claimed that the 1st respondent's members employed by the National Social Security Fund (NSSF) were public officers subject to the SRC's jurisdiction.

Issues

1. Whether the SRC's circular dated 4th July 2012 is applicable to the 1st and 3rd respondent
2. Whether the SRC violated the 1st respondent's constitutional rights and the SRC Act

Reasoning

The Court held that the employees of the NSSF are public officers whose salaries and emoluments are subject to the jurisdiction of the SRC under Article 230(4)(b) of the Constitution and Section 11 of the Salaries and Remuneration Commission Act.

Outcome

The appeal is allowed, the Judgment of the Employment and Labour Relations Court is set aside, and the 1st respondent's petition is dismissed with costs to the appellant.

Authorities cited