The Judiciary is on the spot over billions of shillings paid out in unregulated allowances to judges and senior officers, sparking fresh questions on accountability within the arm of government.
Members of Parliament sitting in the Public Accounts Committee (PAC) on Wednesday, September 10, pressed the Judiciary to explain why it had introduced its own subsistence rates, separate from those approved by the Salaries and Remuneration Commission (SRC).
Lawmakers argued that while judicial independence is protected by the Constitution, financial discretion must still be subject to public accountability, warning that unchecked decisions could leave taxpayers carrying the burden.
According to a circular dated July 23, 2019, issued by then Chief Registrar of the Judiciary Anne Amadi, top officers were allocated new daily subsistence allowances: the Chief Justice and Deputy Chief Justice were entitled to Ksh30,000, judges and the Chief Registrar Ksh25,000, while Chief Magistrates, the Deputy Chief Registrar, the Chief Kadhi, and senior staff received Ksh20,000.
The Auditor-General, in her report on the Judiciary’s 2022/2023 financial year, flagged the payments as irregular, noting that they were issued at rates above those authorised by SRC.
“The SRC circular dated February 2, 2022, set out the applicable domestic travel and subsistence rates for all state and public officers. However, the Judiciary has been paying at rates higher than those authorised by the SRC,” the report reads in part.
Mathioya MP Edwin Mugo questioned the benchmarks used by the Judiciary, warning of inconsistencies across state organs. “Who regulates these allowances? How are the rates determined? Because an allowance could be two hundred shillings, but who checks if it is set at a thousand?” he asked.
Current Chief Registrar Winfridah Mokaya, appearing before the committee, defended the rates, stating that the Judicial Service Commission (JSC) had pegged them on the Parliamentary Service Commission (PSC) allowances after conducting its own benchmarking exercise. She maintained this was done before the SRC issued its circular.
However, MPs dismissed the justification as misleading, pointing out that PSC operates under its own unique framework, much of which has been nullified by SRC in the past. They insisted that the Judiciary could not operate outside the broader public service remuneration structure.
The committee demanded that the Judiciary provide copies of the Supreme Court ruling cited as the legal basis for the contested allowances, as well as clarity on how the benchmarks were determined.
The controversy comes amid heightened scrutiny of state officers’ perks and benefits, with Kenyans questioning ballooning wage bills and taxpayers footing hefty allowances that stretch beyond travel and subsistence.
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