High Court has dismissed a petition filed by the Council of Governors (CoG) seeking a Ksh.2.3 billion sendoff package for governors and their deputies. The court ruled that the petitioners failed to prove that the Salaries and Remuneration Commission (SRC) discriminated against them.
High Court judge Lawrence Mugambi stated that the court can only intervene if it is demonstrated that the SRC misused its discretion while executing its duties.
The judge added that contrary to claims by CoG, the SRC had already set up retirement benefits in the form of gratuity payments for the outgoing governors.
“What the petitioner (CoG) is keen to extract from this court is an order compelling the commission to provide a defined benefit scheme.
“The Constitution has vested the respondent (SRC) the mandate to make such determination and not the courts,” ruled the judge.
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The county chiefs requested a lifetime monthly pension totaling Sh739 million, with their deputies asking for Sh700 million, similar to the benefits given to retired presidents and their deputies.
However, the SRC opposed this proposal, arguing that it was unsustainable and would cost taxpayers over Sh2.3 billion in the first year alone.