Court overturns Kakamega County Pension Law
High Court Quashes Kakamega County Pension Scheme Act
In a landmark ruling on September 19, 2022, the High Court declared the Kakamega County Pension Scheme Act, 2022 unconstitutional, null and void ab initio. The ruling was made by a three-judge bench in Kakamega, following a petition filed by the Salaries and Remuneration Commission (SRC).
The SRC's petition argued that the County Assembly of Kakamega had acted in excess of the retirement benefits outlined in a Gazette Notice of March 1, 2013, later updated in July 2022. The Gazette Notice outlines the retirement benefits for State officers in county governments.
The SRC contended that the County Assembly had breached Article 230(4)(a) of the Constitution, which vests the setting and regular review of remuneration and benefits for State officers in county governments exclusively in the Salaries and Remuneration Commission.
The court held that the assembly acted in violation of Article 185 and the Fourth Schedule of the Constitution, as county governments lack powers to determine or regularly review the pay and benefits of State officers. The court also faulted the county for breaching Article 10 by failing to conduct stakeholder engagement and public participation before awarding retirement benefits.
The retirement benefits were awarded to the Governor, Deputy Governor, Speaker, and Members of the County Assembly from August 8, 2017. The SRC petition is related to these retirement benefits.
The ruling stated that only the Salaries and Remuneration Commission (SRC) has the mandate to set and review remuneration for State officers. The SRC, as per Article 230(4) of the Constitution, has the mandate to set and review remuneration for State officers, including retirement benefits.
The quashing of the Kakamega County Pension Scheme Act, 2022 means that the retirement benefits awarded to the aforementioned state officers are now under review by the SRC. The ruling serves as a reminder to all county assemblies of the importance of adhering to the Constitution when it comes to setting and reviewing remuneration and benefits for State officers.
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