Kenya Medical Practitioners Pharmacists and Dentists Union & another v Salaries and Remuneration Commission & 4 others; 47 County Government Public Service Boards & 56 others (Interested Parties) (Employment and Labour Relations Petition E006 of 2023 & Petition 048 of 2023 (Consolidated)) [2023] KEELRC 2964 (KLR) (17 November 2023) (Judgment)

Summary at a glance

Facts

A dispute arose over the Salaries and Remuneration Commission's (SRC) proposal to abolish the non-practice allowance in the public service.

Issues

• Justiciability of the issues raised in the consolidated petitions
• Whether the SRC overstepped its mandate in proposing to abolish payment of Non-Practice Allowance in the public service

Reasoning

The court considered the pleadings and evidentiary material, and the opposing submissions, and determined that the issues raised in the consolidated petitions are justiciable.

Outcome

The court declared the petitioners' claims as justiciable and that the SRC overstepped its mandate.

Orders

• The court declared the petitioners' claims as justiciable and that the SRC overstepped its mandate.
• The court ordered the parties to comply with the directions issued by the Chief Justice regarding the delivery of judgments and rulings due to the COVID-19 pandemic.

Authorities cited