Court of Appeal Reaffirms SRC Power to Set and Review Public Officers’ Pay

Court of Appeal Reaffirms SRC Power to Set and Review Public Officers’ Pay

The Court of Appeal has reaffirmed the constitutional authority of the Salaries and Remuneration Commission (SRC) to determine and review the remuneration and benefits of public officers.

The court ruled that advice issued by the SRC is binding where the Constitution requires the commission to provide such advice before remuneration arrangements are made.

The judges further held that remuneration arrangements made without the required SRC advice have no legal effect.

The decision followed a dispute involving 47 County Secretaries who challenged changes to their remuneration after the establishment of county governments.

The County Secretaries argued that they were initially placed on a remuneration framework equivalent to Job Group T before the SRC later placed them on a framework linked to Job Group S.

They claimed the change reduced their earnings and amounted to an unlawful alteration of their employment terms.

The officials also accused the SRC of violating their constitutional rights to equality, fair labour practices and fair administrative action.

However, the Court of Appeal dismissed their case and upheld the earlier decision of the trial court.

“In the end, and for the reasons given hereinabove, we find no basis for interfering with the judgment of the trial court. Accordingly, this appeal is not merited and it is hereby dismissed.”

The ruling reinforces the SRC’s role under Article 230 of the Constitution, which gives the commission responsibility for setting and regularly reviewing the remuneration and benefits of State officers.

The commission also advises both the national and county governments on the remuneration and benefits of other public officers.

In carrying out its mandate, the SRC is required to consider several factors. These include fiscal sustainability, the need to attract and retain skilled employees, productivity and performance, as well as transparency and fairness.

The County Secretaries had argued that the SRC did not have the authority to redesignate their positions for purposes of remuneration.

They further claimed that the commission failed to provide them with a preliminary job evaluation report before seeking their views.

According to the appellants, the process violated their rights under Articles 27, 41 and 47 of the Constitution, which protect equality, fair labour practices and fair administrative action.

The Court of Appeal, however, found that the officials had not produced sufficient evidence showing that their offices had formally been classified as Job Group T.

The judges also found no adequate evidence that the SRC had formally redesignated the County Secretaries’ offices from Job Group T to Job Group S.

The court made an important distinction between job equivalency for remuneration purposes and the formal classification of a public office.

According to the judges, an equivalency used when determining pay does not automatically create, abolish or reclassify a public office.

The court also rejected the argument that the SRC had failed to follow a fair administrative process.

The judges noted that the commission’s remuneration decisions were made as part of a wider review of the public service.

The review involved consultations with different stakeholders, including county governments and the Council of Governors.

The ruling is significant for public sector employees because it clarifies the legal position on the SRC’s role in determining remuneration and benefits.

It also reinforces the importance of obtaining the commission’s advice where the Constitution requires it before changes to public officers’ remuneration are implemented.

The decision could have wider implications for ongoing debates over public sector salaries, allowances and job evaluations as the government continues to review its wage bill and improve the sustainability of public spending.

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Court of Appeal Reaffirms SRC Power to Set and Review Public Officers’ Pay