Court upholds SRC decision to scrap MCAs allowances

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NAIROBI, Kenya, Sep 5 – The Employment and Labour Relations Court has upheld the decision of the Salaries and Remuneration Commission (SRC) to scrap the Retreat Allowance, Sitting Allowances for Internal Institutional Committees, and Taskforce Allowance for Internal Institution Taskforces for Members of County Assemblies (MCAs), observing that the payment of the allowances, in addition to gross pay, amounted to double compensation.SRC asserted that after comprehensive evaluation of the roles, responsibilities, remuneration and benefits for all State officers, the nature and scope of responsibilities of Members of Parliament and MCAs involved sitting in the plenary sessions. As such, additional sitting allowances, in addition to the gross monthly remuneration package, would amount to double compensation for the concerned officers.Justice Onesmus Makau also dismissed claims by the petitioner, County Assembly of Embu, that demotion of MCAs from Job Grade D5 (equivalent to Job Group P in the civil service), to Job Grade D4 (equivalent to job Group N in the Civil service) violated the Constitution, reduced pay and compensation by removing some benefits, and amounted to an unfair labour practice.In concurring with SRC, the court observed that MCAs failed to provide evidence of any elevation to Job Grade D5. The court held that the County Assemblies Forum welcomed SRC’s grading in all its correspondences, and that MCAs did not suffer any loss or violation due to SRC’s advice. SRC had averred that a comprehensive job evaluation of State officers had placed the role of MCAs at Job Grade D4 during the first, second and third remuneration and benefits review cycles.On non-practicing allowance, the court agreed with SRC that no evidence was adduced by the County Assembly of Embu to substantiate the allegations of failure by SRC to approve payment of the allowance for professionals in the county assembly public service.Justice Makau found that the County Assembly of Embu failed to prove its claims that SRC violated the Constitution, observing that the allegations raised in the suit were without any basis or justification.This judgement reinforces SRC’s mandate of streamlining and harmonising remuneration, allowances and benefits within the public service, ensuring fairness, while addressing the growing public wage bill.