The Court of Appeal has reaffirmed the Salaries and Remuneration Commission (SRC's) constitutional authority to determine and review the remuneration of public officers.

🇰🇪 Breaking It Down

In a recent ruling, the court held that advice by SRC on the remuneration of public officers is binding when the constitution requires the commission to provide advice.

Remuneration arrangements made without this prior advice, the court said, are of no legal consequence.

The ruling followed a case involving 47 County Secretaries who had challenged changes to their remuneration after the establishment of county governments.

📌 What You Need to Know

The County Secretaries had argued that the SRC unlawfully downgraded their positions from an equivalent of Job Group T to Job Group S, resulting in reduced remuneration.

They also claimed that SRC violated their rights to equality, fair labour practices and fair administrative action.

However, the appellate court dismissed their argument, maintaining an earlier ruling that SRC has a constitutional mandate under Article 230 of the Constitution to set and regularly review the remuneration and benefits of State officers.

"In the end, and for the reasons given hereinabove, we find no basis for interfering with the judgment of the trial court. Accordingly, this appeal is not merited and it is hereby dismissed," the court ruled.

According to the Court of Appeal, SRC also has the mandate to advise the national and county governments on the remuneration and benefits of other public officers.

SRC is required to consider factors including fiscal sustainability, the need to attract and retain skills, productivity and performance, as well as transparency and fairness.

📰 Source: Kenyans.co.ke