The High Court has dismissed a bid by retired governors and their deputies for substantial post-office payments, in a landmark ruling that will save taxpayers millions.
The governors had moved to court seeking a lifetime monthly pension of Sh739,200 and Sh700,000 for governors and deputy governors, respectively.
In addition to the pension, the officials were seeking a lump sum payment equivalent to one year’s salary, a 3000cc four-wheel-drive vehicle, a fuel allowance, and medical cover for local and overseas treatment.
This pension scheme would be similar to what is offered to retired Presidents, Deputy Presidents, Chief Justices, and Speakers of the National Assembly and the Senate.
The High Court has, however, rejected this bid, stating that it does not have the jurisdiction to compel the Salaries and Remuneration Commission (SRC) to provide such benefits, as that would amount to usurping the powers of the commission.
In his judgment, Justice Lawrence Mugambi argued that the claim that the SRC failed to provide a retirement benefits scheme for the said offices—violating Article 43 (1) (e)—is not tenable given the existing gratuity equivalent to 31 percent of the total basic pay and the additional option of joining a direct contributory benefit scheme for governors and deputies.
“This Court’s intervention can only be called upon if there is illegality or an omission to undertake a constitutional mandate by the respondent, which the petitioner has failed to demonstrate in this petition,” the judgment reads.
Last month, the SRC froze salary reviews for all public officers for the current fiscal year due to financial constraints caused by President William Ruto’s decision not to sign the Finance Bill, 2024, into law.
On July 18, the SRC announced that the salary review for the fiscal year 2024/2025 had been deferred, stating that there was no budget allocated for implementing the recommended remuneration and benefits scheduled to take effect this month.
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