NAIROBI, Kenya – The Salaries and Remuneration Commission (SRC) has raised the alarm over a proposed law that would significantly expand retirement benefits for superior court judges, warning that the move could cost taxpayers more than Sh15 billion and undermine constitutional safeguards on public remuneration.
In a detailed memorandum sent to the Clerk of the National Assembly on July 25, the commission objected to the Judges Retirement Benefits Bill, 2025, citing fiscal irresponsibility and a direct challenge to its exclusive constitutional mandate to set and review the pay of state officers.
SRC Acting CEO Margaret Njoka said the Bill violates Article 230(4)(a) of the Constitution, which grants the commission sole authority over state officer compensation, a mandate that was reaffirmed by the High Court in 2015.
“The proposed review of retirement benefits for top judges of superior courts constitutes a direct usurpation of SRC’s exclusive constitutional mandate,” Njoka stated.
Among the most contentious provisions of the Bill is a clause redefining pensionable emoluments to include both basic salary and house allowance, contradicting SRC’s October 2023 directive that only basic salary should be used to calculate judges’ pensions and gratuities.
If passed, the law will cover sitting judges, those appointed in the future, and those who retired after the 2010 Constitution came into force.
It also contains a supremacy clause that would make it override any conflicting laws, including the SRC Act, potentially stripping the commission of its powers over judges’ benefits.
Njoka further warned that the introduction of post-retirement medical and transport benefits, projected to cost Sh1.74 billion in the first year alone, is neither fiscally sustainable nor approved by the commission.
“These benefits have not been evaluated, costed, or set by SRC, and their implementation would amount to a serious breach of fiscal prudence,” she added.
The SRC fears the law could trigger a domino effect, with other state officers demanding similar perks—a move that could balloon the public wage bill at a time when the government is facing a widening fiscal deficit, mounting debt obligations, and education budget cuts.
“The extension of these enhanced post-retirement benefits may trigger legitimate clamour by other state officers,” Njoka cautioned.
The commission is now urging Parliament to amend the Bill to align with national pay policy, protect SRC’s constitutional role, and avert further financial strain on a public sector already grappling with shrinking revenues.
