Union of Kenya Civil Servants (UKCS) v Salaries and Remuneration Commission & another [2016] KEELRC 940 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 940
- Citation
- [2016] KEELRC 940 (KLR)
The Court held that the 1st Respondent (SRC) has a broader mandate under Article 230(4)(b) of the Constitution, extending to all public servants, including employees of state corporations, and that public participation is a basic principle in legislative and policy functions of Government.
Facts
The Petitioner, Union of Kenya Civil Servants, alleges that the Salaries and Remuneration Commission (SRC) has overstepped its mandate and facilitated public participation issues.
Issues
- Whether the 1st Respondent overstepped its mandate under the Constitution and the law.
- Whether the 1st Respondent facilitated public participation as required by the Constitution.
- Whether the Petitioner is entitled to the remedies sought.
Reasoning
The Court agreed with the Teachers Service Commission v Kenya National Union of Teachers decision, upholding the binding nature of the 1st Respondent's advice on remuneration and benefits. It also ruled that the mandate of the 1st Respondent must extend to all public servants, including those of state corporations.
Outcome
The Petitioner is entitled to the remedies sought.
Authorities cited
Legislation (3)
- Constitution of Kenya
- Salaries and Remuneration Commission Act
- Practice and Procedure Rules, 2012
Cases cited (2)
- Teachers Service Commission v Kenya National Union of Teachers [2015] eKLR
- National Union of Water & Sewerage Employees v Mathira Water and Sanitation Company Limited & 2 Others [2013] eKLR
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