Kenya's Court of Appeal has dismissed a challenge by the Salaries and Remuneration Commission (SRC) and upheld the entitlement of judges to a taxable car allowance for the purchase of private vehicles. The ruling, delivered in a consolidated civil appeals case, affirms that the car allowance constitutes a protected benefit for members of the judiciary. The decision represents a significant legal setback for the SRC, which had sought to contest the allowance.
The appellate court's verdict reaffirms an earlier lower court decision that had sided with the judges on the matter of the car allowance. The SRC had mounted a challenge arguing against the classification and provision of the benefit, but the Court of Appeal found no merit in those arguments. The court's ruling makes clear that the taxable car allowance remains a legitimate and legally protected component of judicial compensation.
The case had drawn considerable attention given its implications for the independence of the judiciary and the constitutional role of the SRC in regulating public sector pay. The SRC is a constitutional body mandated to advise on and set remuneration for state officers, including members of the judiciary. The tension between judicial independence and the SRC's oversight mandate has been a recurring point of legal contention in Kenya's courts.
Judges and judicial officers had maintained that their remuneration packages, including the car allowance, are constitutionally protected and cannot be unilaterally altered or removed. The Court of Appeal's ruling reinforces this position, drawing a distinction between the SRC's general mandate over public sector salaries and the specific protections afforded to judicial officers under the Constitution. Legal observers noted the ruling could have broader implications for how the SRC engages with constitutionally independent offices going forward.
The consolidated nature of the appeals suggests that multiple judges or judicial officers were party to the proceedings, underlining the widespread impact the SRC's original challenge could have had on the bench. With the appellate court now having ruled decisively in favor of the judges, the matter may be settled at this level unless the SRC opts to escalate the dispute to the Supreme Court. No immediate statement from the SRC was available at the time of this report regarding whether it intends to pursue further legal action.
