High Court Orders Release of Judges’ Sh10M Car Allowances: Ruling Overturns SRC Directive
In a groundbreaking decision announced on Friday, May 24, the High Court mandated the immediate disbursement of owed car allowances to judges dating back to 2021.
This ruling, issued by a panel of three judges, overturned a directive from the Salaries and Remuneration Commission (SRC) that had halted the provision of Ksh10 million car allowances to judges every four years. The court instructed the Treasury to release the funds promptly.
The verdict arose from a constitutional petition filed by Peter Gachuiri Mwangi, seeking to restore the taxable car allowances for judges of the High Court, Court of Appeal, and Supreme Court.
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These allowances, a longstanding component of judges’ compensation since 2011, were abruptly revoked by the SRC in 2021. Gachuiri’s petition argued for their reinstatement, asserting their importance in enabling judges to effectively fulfill their duties.
The Kenya Judges Welfare Association supported Gachuiri’s plea, highlighting the significance of the car grant in facilitating judges’ professional responsibilities and personal needs.
Contrarily, the SRC maintained its stance, contending that judges already receive state-provided chauffeured transport around the clock. According to the SRC, granting additional car allowances would constitute double remuneration, a claim disputed by advocates for judicial independence.
In response to the SRC’s call for an expanded bench, the Judicial Service Commission (JSC) opposed it, asserting judges’ capability to impartially handle matters concerning their interests. Issa Mansour, representing the JSC, urged the court to reject the SRC’s plea and proceed with the case.
Despite resistance faced by the SRC in attempting to mediate the case in February, Gachuiri’s petition, aimed at safeguarding judges’ interests, garnered support from various quarters.
Judicial Perks
A comprehensive examination of judicial compensation reveals significant revisions in the salaries of High Court judges over the years.
In a communication dated August 18, 2017, the SRC stated that High Court judges received a minimum gross monthly income of Ksh657,426 and a maximum of Ksh907,279. However, the maximum salary was subsequently raised to Ksh1,000,974 in the SRC’s 2022 guidelines.
Further adjustments proposed by the SRC in September 2023 aimed to raise High Court judges’ salaries to a minimum of Ksh736,444 and a maximum of Ksh1,027,826 for the 2023/2024 fiscal year. These increases were projected to continue in subsequent years.
Aside from basic salaries, High Court judges enjoy various allowances and benefits outlined in the SRC’s 2023 review.
These perks include official transportation and a comprehensive medical scheme covering the judge, spouse, and up to four dependent children under the age of twenty-five.
Under the medical scheme, inpatient services are covered up to Ksh10 million, with outpatient services receiving coverage of Ksh300,000. Additional benefits cover maternity, dental, and optical services.
High Court judges also receive allowances and insurance benefits, including a Ksh25,000 airtime allowance, a Ksh50,000 annual leave allowance, and group life insurance and group personal accident insurance valued at three times their annual basic remuneration package.
Furthermore, judges with additional responsibilities are entitled to a special judicial duty allowance of Ksh30,000. High Court judges can also access a Ksh8 million car loan and a Ksh35 million mortgage, with durations of 5 years and 20 years, respectively.
High Court Orders Release of Judges’ Sh10M Car Allowances: Ruling Overturns SRC Directive