Laikipia Governor Joshua Irungu has opposed a directive by the Salaries and Remuneration Commission (SRC) requiring counties to construct official residences for governors.
Speaking while appearing before the County Public Accounts Committee (CPAC) on Wednesday, January 28, he told the committee that the directive does not reflect the realities facing rural counties and argued that the spending would be misplaced.
"Beyond the construction, the cost of maintaining such facilities is huge," he said, noting that a governor’s residence would require guest houses, gardeners, security personnel, and domestic staff.
Irungu also questioned the ethics of prioritising such a project over basic needs affecting residents, like the lack of water.
"There is a moral aspect to this. How do I spend Sh50 million to put up a mansion while women in some parts of Laikipia walk up to 20 kilometres to access water? How can I construct a mansion when women are giving birth in the bush?
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"Rural counties should be given the freedom to decide what is best for them based on their needs. The most prudent thing is for the circular to be withdrawn," he said.
During the session, senators weighed in on Irungu's position and the implications of non-compliance with SRC guidelines.
"You don’t intend to comply with the SRC circular?" Senator Wambua asked, arguing that continued payment of house allowances was equally costly.
The discussion shifted to possible institutional action to address the stalemate between counties and the SRC.
"Maybe the Council of Governors should develop a position paper so that the Senate can intervene,” Wambua added.
Elsewhere, this comes months after the Employment and Labour Relations Court has upheld a decision by SRC to scrap various allowances previously enjoyed by Members of County Assemblies (MCAs).
In a ruling delivered on Friday, September 5, Justice Onesmus Makau affirmed that the Retreat Allowance, Sitting Allowances for Internal Institutional Committees, and Taskforce Allowances for Internal Institution Taskforces amounted to double compensation, given that MCAs already receive a consolidated gross pay.
Makau also dismissed a petition filed by the County Assembly of Embu, which claimed that the reclassification of MCAs from Job Grade D5 to Job Grade D4 amounted to demotion, unfair labour practice, and a reduction in pay and benefits.
The court ruled that the petitioners failed to prove MCAs had ever been elevated to Job Grade D5, noting that correspondence from the County Assemblies Forum had in fact welcomed SRC’s grading advice.
"Accordingly, in this case, the burden is upon the petitioner to prove by evidence that the respondent, vide the impugned circulars, demoted the role of MCA from Job Grade D5 to D4, and that the demotion was done unlawfully and led to reduction of remuneration and benefits," the ruling read.
On the issue of non-practicing allowance, the court sided with SRC, finding that the County Assembly of Embu had provided no evidence to support claims of SRC’s refusal to approve payments for professionals in the county assembly public service.
"That this Honourable court be pleased to declare that the refusal and failure to approve payment of Non-practicing Allowance for professionals working in the County Assembly of Embu, is unconstitutional and amounts to discrimination under the provisions of Article 27 (1)(2)(3) and (4) of Constitution of Keny," the ruling added.
In conclusion, Makau ruled that the allegations raised against SRC were unsubstantiated, effectively dismissing the petition in its entirety.
"In view of the foregoing conclusion, I find that the petitioner has failed to prove its case on a balance of probability and as such it is not entitled to the reliefs sought. Consequently, I dismiss the petition with costs," the ruling further read.
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