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Salaries agency, JSC fight over sitting allowances
The Salaries and Remuneration Commission (SRC) has defended its decision to cap the sittings of Judicial Service Commission (JSC) members, terming them the best paid group of public servants each with a monthly remuneration of up to Sh1.6 million, part of it illegal perks.
The salaries agency had capped the number of the commissioners’ paid sittings at eight per month, prompting the JSC to file an opposing petition in the High Court.
The JSC argued that the capping its sittings would delay its recruitment of a new Chief Justice and the deputy by six months and slow down the promotion of magistrates and other employees in the Judiciary.
But the SRC has asked the court to shoot down the petition.
“Considering that the number of paid meetings were not capped, there were cases of abuse such as members drawing sitting allowances for meetings not properly constituted,” the SRC says in the court papers.
The SRC argues that the caps are necessary because most members of the JSC hold other public jobs and are therefore enjoying double pay.
Acting JSC chairperson Margaret Kobia, for instance, is entitled to a pay of up to Sh854,231 per month as the chairperson of Public Service Commission (PSC) but her monthly paycheque grows to Sh1.3 million with the inclusion of her earnings from the JSC.
Attorney-General Githu Muigai is entitled to a monthly pay of up to Sh1.05 million but ends up with Sh1.4 million when his JSC membership
remuneration is included.
Smokin Wanjala
Court papers filed by the SRC also show that Justice Smokin Wanjala, who is in the race for the position of Chief Justice, should earn up to Sh1.2 million as a judge of the Supreme Court but his total pay rises to Sh1.6 million thanks to his JSC membership.
The position of Chief Justice fell vacant after Willy Mutunga retired mid-June.
Emily Ominde is entitled to a pay of Sh701,441 per month as a chief magistrate but ends up with Sh1.14 million because of earnings from the JSC.
Members of the JSC enjoy numerous perks, including sitting allowances fixed at Sh50,000 per meeting for the chairperson, Sh45,000 (vice-chairperson) and Sh40,000 for other members.
Special responsibility perks are set at Sh150,000 per month for chairperson, Sh135,000 for vice-chairperson and Sh120,000 for other members.
Commuter allowance is pegged at Sh30,000 monthly for each member. Besides, the chairperson enjoys airtime allowance of 15,000 every month while other members are paid Sh10,000.
The SRC says in its court papers that it has the constitutional mandate to set and review the remuneration and benefits of all State officers, including those on the JSC, and wants the court to affirm its position on the matter.
“The JSC is challenging our constitutional mandate yet it had sought our approval in October 2014, to have more than eight payable meetings per month to enable them conduct interviews and disciplinary hearings, which approval was granted, a demonstration it has accepted our mandate,” the SRC says.
The salaries agency had issued a circular in December 2013 requiring sitting allowances for the JSC commissioners to be capped at eight every month.
This saw the JSC file a petition at the High Court claiming that the capping would prevent it from meeting its deadline for hiring the chief justice, the deputy CJ and a Supreme Court judge.
The SRC yesterday told the court that the judicial commission had in June this year requested approval for a three-month extension of sitting allowances to enable it to conduct interviews for the appointment of judges of the High Court and the Environment and Land Court.
This was also the period when interviews for the position of CJ, deputy CJ, and Supreme Court judge would be conducted.
The salaries agency responded on June 28, and requested for a meeting on July 5, to engage the JSC on the remuneration of its members, among other issues.
