Former Speaker Benson Mutura Wins Case Against Nairobi County Govt

A photo of Milimani Law Courts in Nairobi
A photo of Milimani Law Courts in Nairobi
The Judiciary

Former Nairobi Speaker Benson Mutura emerged victorious against the Nairobi County Government in a case filed at the Employment and Labour Relations Court in Nairobi. 

In a ruling delivered by Justice Jacob Gakeri on Monday, February 19, the county government was instructed to pay Ksh210,000 to the former speaker.

According to the court documents, Mutura sought to be paid his dues and compensatory damages amounting to Ksh450,000 which was inclusive of three month's house allowance.

He argued that the county government neglected to remit his housing allowance for July, August, and September 2022, despite his entitlement to the payment under the law.

Former Nairobi Speaker Benson Mutura
Former Nairobi Speaker Benson Mutura during a plenary session on October 26, 2021
Nairobi County Government

Mutura complained that the delay in payment led to issues between him and his landlord. He asked the court to grant his request.

According to the county government, it suspended Mutura's pay in compliance with a directive from the Salaries and Remuneration Commission (SRC). The SRC had capped the housing allowance at Ksh80,000.

"The Respondent denies that the claimant’s house allowance was Ksh150,000 and avers he was paid Ksh160,000 as rent for July and August on January 26, 2022, and the allowance for September 2022 was paid together with the Claimant’s salary," read the court documents in part.

However, Mutura who left office in September 2022, responded that the SRC directive dated May 19, 2019, had never nullified or varied.

He added that the Ksh80,000 paid late by the county was introduced as an addition to the county speakers being housed by their respective counties.

Justice Gakeri backed Mutura's argument adding that the county was unfair to pay him less than he is entitled despite his employment status being changed.

"The respondents tendered no evidence to show that the Claimant’s tenancy status had changed, it therefore follows that he was entitled to housing at Ksh150,000 per month," the judge ruled.

The judge further noted that the circulars cited by the county government did not pertain to Mutura, who was already in office at the time.

However, the judge ruled that since the county had already disbursed Ksh240,000 to Mutura, it should settle the remaining balance of Ksh210,000, inclusive of interest at court rates.

The county government should also provide Mutura with a Certificate of Service.

Members of the Nairobi County Assembly during a session on August 9, 2019
Members of the Nairobi County Assembly during a session on August 9, 2019