Kenya’s Supreme Court has begun hearing a high-stakes appeal by the Salaries and Remuneration Commission (SRC) challenging a taxable car allowance of up to Sh10 million granted to judges every four years.
The hearing opened on Wednesday, October 14, 2026, with the SRC seeking the recusal of Chief Justice Martha Koome and Justice Mohammed Warsame over alleged concerns about their impartiality.
However, the two judges declined to step aside and remained on the seven-member panel. The commission argued that the allowances were unconstitutional because they had not been approved by the SRC.
The dispute centres on a benefit that the SRC argues was introduced without its constitutional approval. The commission maintains that the allowance, which it sought to withdraw in 2021, constitutes double compensation because judges already receive official vehicles and chauffeur-driven transport.
In submissions to the apex court, the SRC estimated the cost to taxpayers at approximately Sh9.8 billion over a four-year cycle. It warned that upholding the payment could encourage similar claims by other State officers and heads of public institutions, further inflating the public wage bill.
In its March 2026 decision, the Court of Appeal held that the allowances were acquired benefits and could not be withdrawn to the judges’ disadvantage. It further held that the allowances were protected under Article 160(4) of the Constitution.
During the hearing, SRC lawyer Peter Wanyama applied for the recusal of Koome and Warsame, arguing that there were reasonable grounds for them to withdraw from the case because of alleged conflicting statements they had made concerning the commission.
“The conditions are that we can proceed with other judges. The Supreme Court has enough judges and it only requires at least five to constitute a quorum,” Wanyama argued.
However, Koome rejected the recusal request.
“I do not have any conflict of interest in this case. As much as I sit in this seat, I have taken an oath to administer the law and to protect and safeguard the Constitution. I have no bias, and neither does Your Honorable Sir Mohammed Warsame. We came to this court not to look at the parties, but to interpret the Constitution,” the Chief Justice said.
The court also declined an application by four civil society organisations seeking to be enjoined in the matter. The panel subsequently granted Wanyama additional time to present the SRC’s submissions after he argued that 15 minutes was insufficient.
The case raises questions about the relationship between the SRC’s constitutional mandate to set and review remuneration for State officers and the judiciary’s institutional independence and protected benefits. The Supreme Court’s eventual decision is expected to have significant fiscal and constitutional implications for public-sector remuneration in Kenya.
– By John Murunga
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