The Employment and Labour Relations Court has dismissed a petition by the County Assembly of Embu, upholding a Salaries and Remuneration Commission (SRC) directive that scrapped several allowances previously enjoyed by Members of County Assemblies (MCAs).
In a ruling delivered on Friday, September 5, Justice Onesmus Makau found that the allowances in question — Retreat Allowance, Sitting Allowances for Internal Institutional Committees, and Taskforce Allowances for Internal Institution Taskforces — constituted double compensation.
Double Pay Argument
According to SRC, MCAs already earn a consolidated gross salary meant to cater for their legislative, oversight, and representation duties. Paying additional allowances for retreats and committee sittings, the commission argued, was an unnecessary duplication.
“As regards the scrapping of Retreat allowance, sitting allowances for internal institutional committees and Task force allowance for internal institution task forces, the respondent explained that paying the said allowances in addition to gross pay amounted to double compensation,” Justice Makau stated in his ruling.
He further emphasized that the functions performed during retreats, internal committees, and taskforces were part of MCAs’ core mandate, and thus could not attract extra pay.
Job Grade Dispute
The Embu Assembly had also challenged the reclassification of MCAs from Job Grade D5 (Job Group P) to Job Grade D4 (Job Group N). The petitioners argued that this amounted to demotion, unfair labour practice, and reduction of benefits such as foreign travel allowances.
However, the court found that MCAs had never been formally elevated to Job Grade D5. Justice Makau pointed out that correspondence from the County Assemblies Forum welcomed SRC’s guidance, confirming that MCAs’ placement had consistently been at D4.
“The burden is upon the petitioner to prove that the respondent unlawfully demoted the role of MCA from Job Grade D5 to D4, leading to reduction of remuneration and benefits. The petitioner failed to provide such evidence,” the court ruled.
Non-Practicing Allowance
The petitioners also accused SRC of discrimination for refusing to approve non-practicing allowances for professionals employed by the County Assembly of Embu. They claimed the refusal was unconstitutional and violated Article 27 of the Constitution, which guarantees equality and non-discrimination.
But the court sided with SRC, noting that no credible evidence had been presented to support the allegation.
Petition Dismissed in Full
In his conclusion, Justice Makau dismissed the petition in its entirety, ruling that the County Assembly of Embu had failed to prove its case on a balance of probabilities.
“In view of the foregoing conclusion, I find that the petitioner has failed to prove its case and as such it is not entitled to the reliefs sought. Consequently, I dismiss the petition with costs,” he said.
Background
The dispute stems from circulars issued by SRC in August 2023 that abolished retreat, committee, and taskforce allowances for MCAs. The commission explained that a comprehensive review of state officers’ remuneration showed that plenary sittings and related tasks formed part of MCAs’ regular work and should not attract extra pay.
In November 2023, the County Assembly of Embu filed a petition challenging the directive. Beyond the allowance issue, the Assembly also faulted SRC for altering job grading and discontinuing non-practicing allowances for professionals.
However, SRC maintained that:
MCAs had always been graded at D4.
Earlier circulars that aligned certain rates with higher job groups did not alter job grading.
Paying extra allowances on top of salaries would set an unsustainable precedent in the public sector.
The ruling now provides clarity on the remuneration framework for MCAs, affirming SRC’s mandate to harmonize public service pay and curb duplicative benefits.
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