NAIROBI, Kenya – Members of County Assemblies (MCAs) have lost their bid to retain retreat and sitting allowances after the High Court upheld the Salaries and Remuneration Commission’s (SRC) directive scrapping the perks.
Justice Onesmus Makau ruled on Tuesday that the allowances amounted to double compensation, affirming SRC’s position that MCAs’ core duties already included attending plenary and committee sittings.
“I find that there was a basis for scrapping the said allowances and the circulars communicated the same, namely, that the allowances amounted to double compensation to the concerned officers,” Justice Makau said.
MCAs’ Petition Dismissed
The ruling arose from a petition filed by Meru County Assembly Members challenging SRC’s August 7, 2023 circular, which banned Daily Subsistence Allowance (DSA) within a 50-kilometre radius of duty stations and abolished retreat and sitting allowances for internal committees.
The lawmakers also contested a subsequent circular of November 7, 2023, which classified County Assembly Speakers at job grade E4, Deputy Speakers at E1, Majority and Minority Leaders at D5, and MCAs at job grade D4—the same as external members of the County Assembly Service Board.
The petitioners claimed SRC had downgraded them from job grade 5 (equivalent to Job Group P in the civil service) to D4 (equivalent to Job Group N), thereby reducing their welfare benefits and eliminating travel allowances.
They argued that the review was “unfair, oppressive and unconstitutional,” undermining their roles under Article 185 of the Constitution.
SRC Defends Review
In its response, SRC maintained that MCAs had always been graded at D4 across all remuneration cycles, dismissing claims of demotion.
The commission clarified that its 2014 circular merely harmonised DSA rates, allowing MCAs to earn Sh14,000 like other state officers in higher groups, after an earlier error had capped them at Sh11,200.
SRC also denied claims of discrimination, insisting that MCAs’ grading and entitlements had been consistently applied.
Court’s Verdict
Justice Makau sided with SRC, ruling that the MCAs had failed to prove any constitutional violations or loss of benefits.
“On the contrary, I hold that there is evidence to prove that the role of MCA has consistently been graded D4 in the SRC’s 1st, 2nd and 3rd review cycle and the County Assembly Forum welcomed that grading in all its correspondences,” the judge said.
He declared that the abolishment of sitting and retreat allowances was lawful, effectively ending MCAs’ quest to retain the controversial perks.
