Kenya Magistrates and Judges Association v Salaries and Remuneration Commission; Judicial Service Commission (Interested Party) eKLR [2019] KEELRC 277 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 277
- Citation
- [2019] KEELRC 277 (KLR)
- Decided
- 22 November 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLabor RelationsPosturePetition for Enforcement of Constitutional RightsCoramRadido Stephen
Holding
The Association has made out a case for grant of the following orders: (a) A declaration that the failure of the Respondent to make provision for security allowance for magistrates and Kadhis was discriminatory and unfair.
Facts
The Kenya Magistrates and Judges Association (Association) alleged that the Salaries and Remuneration Commission (Commission) violated several constitutional provisions while setting the remuneration and benefits of judicial officers.
Issues
- Basic minimum Constitutional and statutory requirements imposed on the Respondent in the exercise of the administrative function of the review of remuneration and benefits of state officers working in the Judiciary.
- Whether the Commission complied with the basic Constitutional and Statutory requirements in setting the remuneration and benefits of judicial officers.
- Whether the Commission was under obligation to consult with the Association.
Reasoning
The Commission was not transparent in its process and failed to consider the individual allowances, which were discriminatory.
Outcome
The Association's case for grant of the orders was upheld.
Orders
- A declaration that the failure of the Respondent to make provision for security allowance for magistrates and Kadhis was discriminatory and unfair.
- A declaration that the failure by the Respondent to make provision for transport allowance for Magistrates and Kadhis was discriminatory and unfair.
- A declaration that the failure by the Respondent to review the non-practice allowance payable to judicial officers was discriminatory.
- A declaration that the failure by the Respondent to itemise the allowances paid to judicial officers and other state officers is unlawful.
- An order of mandamus to compel the Respondent to review the remuneration of judicial officers in light of this judgment be concluded within 6 months.
Remedies
- A declaration that the failure of the Respondent to make provision for security allowance for magistrates and Kadhis was discriminatory and unfair.
- A declaration that the failure by the Respondent to make provision for transport allowance for Magistrates and Kadhis was discriminatory and unfair.
- A declaration that the failure by the Respondent to review the non-practice allowance payable to judicial officers was discriminatory.
- A declaration that the failure by the Respondent to itemise the allowances paid to judicial officers and other state officers is unlawful.
- An order of mandamus to compel the Respondent to review the remuneration of judicial officers in light of this judgment be concluded within 6 months.
Authorities cited
Legislation (4)
- Employment Act, 2007
- Fair Administrative Action Act
- Salaries and Remuneration Commission Act
- Constitution of Kenya 2010
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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