Fresh rift between SRC and PSC over legal officers’ special allowances
This latest clash adds to a growing standoff between the two constitutional commissions, which have differed in the past over who has the final say in matters of allowances and benefits in the public sector.
A fresh power struggle has broken out after the Salaries and Remuneration Commission (SRC) dismissed a directive by the Public Service Commission (PSC) that had authorised special allowances for legal officers working in government institutions.
In a memo to accounting officers across state agencies, the SRC instructed them not to act on the PSC’s circulars issued on May 19 and 21, which had approved the payment of non-practice and prosecutorial/special legal allowances to public sector advocates.
More To Read
- Relief for civil servants as SRC moves to address heavy salary deductions
- Kimilili MP Didmus Barasa ordered to pay ex-PS Sh7.5 million for defamation
- UHC: MPs back motion seeking to compel civil servants to use public hospitals
- Kabogo denies Ruto targeting Mt Kenya civil servants, blames Gachagua for divisive politics
- UDA women leaders demand removal of Nyali MP from PSC over disloyalty, divisive politics
- Teachers win big after securing Sh33 billion pay deal with TSC
The salaries body said the PSC made the move without its input, in violation of the Constitution.
“We bring to the attention of the public service the circulars on payment of Nonpractice Allowance and Prosecutorial/Special Legal Allowance for Advocates in the public service. The circulars were issued without SRC’s advice, rendering them null and void,” the SRC wrote.
The commission, in a directive signed by chairperson Sammy Chepkwony, said its role in reviewing and advising on remuneration was ignored, contrary to Article 230 of the Constitution and Section 11 of the SRC Act.
“This failure to seek SRC’s constitutionally mandated advice violates Article 230 of the constitution. Consequently, the two circulars are null and void and of no legal consequence,” Chepkwony stated.
The SRC maintained that only it has the legal mandate to determine and review pay and benefits for state and public officers.
It said the PSC’s circulars had no legal basis and urged public institutions to disregard them entirely.
“This circular serves as advice, pursuant to Article 230 (4) (b) of the constitution as read together with Section 11 of the SRC Act, against implementing the circulars of May 19 and May 21,” it added.
The memo also warned that any public body that proceeds to implement the allowances without SRC’s approval would be acting outside the law and risk facing legal consequences.
This latest clash adds to a growing standoff between the two constitutional commissions, which have differed in the past over who has the final say in matters of allowances and benefits in the public sector.
The PSC had cited a February 2025 Court of Appeal decision to support its actions, arguing that the judgment affirmed its authority to make certain determinations on perks.
Top Stories Today
