MCAs lose petition challenging scrapping of sitting, retreat allowances

Members of County Assemblies (MCAs) have lost their bid to retain retreat and sitting allowances after the High Court upheld a decision by the Salaries and Remuneration Commission (SRC) to abolish the perks, ruling that they amounted to double compensation.

Justice Onesmus Makau dismissed a petition filed by Meru County Assembly Members, affirming SRC’s position that the allowances were unlawful since MCAs’ responsibilities already included attending plenary and committee sessions.

“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.

The MCAs had moved to court challenging SRC’s circulars issued on August 7, 2023, which reviewed allowances in the public service.

The circular banned payment of Daily Subsistence Allowance (DSA) within a 50-kilometre radius of duty stations and scrapped sitting and retreat allowances for internal committees and task forces. Another circular, issued on November 7, 2023, graded the County Assembly Speaker at job grade E4, the Deputy Speaker at E1, the Leaders of Majority and Minority at D5, while MCAs were classified at job grade D4, the same as external members of the County Assembly Service Board.

The petitioners accused SRC of unlawfully downgrading them from job grade 5 (equivalent to Job Group P in civil service) to job grade D4 (equivalent to Job Group N), arguing that the move reduced their welfare benefits and eliminated allowances for foreign travel.

They termed the review “unfair, unreasonable, unjustified, oppressive, unlawful and manifestly unconstitutional,” claiming it undermined their constitutional roles of representation, legislation and oversight under Article 185.

The MCAs alleged that SRC discriminated against them by altering their terms of service mid-tenure while leaving equivalent public service positions untouched. They further accused the commission of violating Articles 10, 27 (1)(2)(3)(4), and 47 of the Constitution, and undermining devolution contrary to Article 73.

In response, SRC maintained that MCAs had always been graded at D4 across all review cycles and had never been elevated to D5. The commission explained that its 2014 circular merely harmonised DSA rates, entitling MCAs to the same Sh14,000 allowance as state officers in higher job groups after correcting an earlier allocation of Sh11,200 meant for lower cadres.

SRC insisted that DSA is a facilitative allowance payable across different job grades, including D4, D5, E1, and E2. It also denied excluding County Assembly professionals from non-practising allowances, saying there was no evidence to support that claim.

In his verdict, Justice Makau agreed with the SRC, stating that the MCAs had not proven their alleged demotion or any constitutional violation.

“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 cited above,” the judge ruled.

“Having considered the material before the court, I find that the petitioner (MCAs) has failed to prove by evidence that the respondent (SRC) has, by the impugned circulars, violated the Constitution and the rights of the petitioner’s members.”

Justice Makau declared that MCAs did not suffer any loss or discrimination as claimed, affirming the abolishment of sitting and retreat allowances.

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