Court orders Kirinyaga to pay ex-deputy governor Sh5.7 million in housing benefits
The court emphasised that these circulars were legally binding, not mere recommendations, and that the County’s claim that housing was already included in Ndambiri’s salary was null and void.
The Employment and Labour Relations Court in Nyeri has ruled that county deputy governors are entitled to housing benefits, ordering Kirinyaga County Government to pay former Deputy Governor Peter Ndambiri Sh5.7 million.
Judge Onesmus Makau made the ruling after the County Government failed to provide Ndambiri with an official residence or a leased house, as required by binding Salaries and Remuneration Commission (SRC) circulars issued on August 25, 2017 and May 20, 2019.
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The court emphasised that these circulars were legally binding, not mere recommendations, and that the County’s claim that housing was already included in Ndambiri’s salary was null and void.
"Accordingly, I find that Circulars by the SRC on the Housing Benefits for the State Officers in Counties and Deputy Governors dated August 25, 2017 and May 20, 2019 were not mere suggestions or recommendations to the Appellant but they were legally binding on it. It follows that the Appellant’s allegation that the Respondent’s salary of Sh621,250 included housing was contrary to the said binding SRC advice and therefore null and void," Makau ruled.
The judge observed that the circulars advised the County Government to provide the former deputy governor with either an official residence constructed by the County or a leased house with rent capped at Sh90,000 per month. Evidence showed that the County failed to do so from September 2017 to August 2022, the duration of Ndambiri’s term.
By a Memorandum of Appeal dated November 5, 2024, Kirinyaga County Government sought to have the trial court’s judgment set aside, arguing that Ndambiri’s consolidated pay already included housing.
The Employment and Labour Relations Court dismissed this argument, holding that the County’s failure to comply with SRC circulars invalidated its claim.
Citing Petition No. 328 of 2016, the court reiterated that county deputy governors are entitled to housing benefits just like any other state officer. Judge Makau noted that the County’s failure to provide a residence automatically entitled Ndambiri to monetary compensation calculated based on the prescribed rent for the entire 60-month period.
"The Appellant had the option of allocating an official residence or leased house for monthly rent capped at Sh90,000. It failed to do so for sixty months. The failure to exercise the above two options entitled the Respondent to compensation equaling to the monthly rent of Sh90,000 advised by the SRC.”
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