Nandi senator, Samson Cherargei, on Tuesday, June 14, demanded answers as to why the taxable car allowance for judges was terminated by the Salaries and Remuneration Commission (SRC).
The senator thus asked the Standing Committee on Finance and Budget to offer a statement on SRC's review of salaries, benefits, and allowances for judges and magistrates.
He also asked the Committee to state the rationale for eliminating the non-practising allowance intended to compensate the judges and magistrates for forfeiting their legal practice.
Furthermore, he pressed his colleagues to provide the date and other details of the last lifestyle audit on SRC commissioners.
According to Cherargei, President William Ruto's ally, the committee should ascertain whether a review is within the principle of ensuring that the Judiciary can attract and retain the skills required to execute its functions.
The exempted taxable car allowance and other benefits for state officers are contained in the proposed Finance Bill 2023.
"Any amount paid or granted to a public officer to reimburse an expenditure incurred for the purpose of performing official duties, notwithstanding the ownership or control of any assets purchased," read part of the proposed amendment to the Income Tax Act.
When cancelling allowances in July 2022, SRC Chairperson Lyn Mengich argued that all state officers should be treated equally and fairly, translating to equal pay.
However, after assuming office in September 2022, the Speaker of the National Assembly, Moses Wetangula, vowed to push for the benefits to be reintroduced.
Meanwhile, Cherargei's sentiments were aligned with the uproar over Chief Justice Martha Koome's new Toyota Land Cruiser unveiled during the Madaraka Day celebrations on June 1.
A section of Judiciary critics called out Koome, alleging that she was spending money on new rides, yet the Judiciary lacked funds for operation.
"Tell me why a CJ of a poor third-world country where millions of kids sleep at night without food, with 1.5 million cases backlog, where it takes 10-15 yrs to hear a case and 6-12 months to deliver judgment will spend $500,000 to buy her 4th official car," a Senior Counsel questioned.
However, former Chief Justice Willy Mutunga defended the CJ, adding that he once asked for a plane which appeared like a cheaper option.
"CJ Koome drove to Embu. How did the President, the DP, and the Speakers of Parliament get to Embu?
"If the people of Kenya want changes to let them not vilify only the Judiciary," he added.
President William Ruto, in his first budget as head of state, proposed to increase the Judiciary funding from Ksh18.8 billion to Ksh22.9 billion. The judiciary, in the financial years 2023/24 will thus receive Ksh4.1 billion more as promised by Ruto during the campaigns.
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