Taxpayers might soon be required to carry the burden of footing a Sh5 million car grant and a monthly maintenance of Sh200,000 to each of the 47 speakers of county assemblies.

This is after 10 speakers filed a case, on behalf of the 47 county speakers, seeking the court to compel Salaries and Remuneration Commission (SRC) to provide them with car grants of Sh5 million and monthly maintenance of Sh200,000 per month for each of them.

The speakers argue that the decision by the SRC to deny them these benefits is unconstitutional, citing it as a failure to recognise the critical role their offices play in governance.

“The SRC overlooked the importance of their office in ensuring effective legislative operations and maintaining impartiality in the discharge of their duties. They emphasised that adequate facilitation is essential for them to fulfil their constitutional mandate effectively”, they say in court documents. 

The speakers claim that the lack of sufficient resources has hindered their ability to perform their duties efficiently, adding that other government officials enjoy similar benefits.

They are urging the court to compel the SRC to reconsider its position and allocate the requested funds, stating that this would enhance their mobility and operational capacity in serving their respective counties.

In the petition, the speakers say that by a letter dated February 3, 2021, the then Chairman of the Council of Governors (CoG) brought it to the attention of SRC that the Members of County Assemblies (MCAs) performed similar roles in representation and legislation as their counterparts in the National Assembly who had been granted a car grant.

In addition, the Speakers say the CoG chairman requested for fairness in terms of extending the same benefit to the Speakers and MCAs.

Public participation

They claim that in response, the SRC by a letter dated 9 February 2021, through its chairperson reviewed the car loan benefit that had earlier been set and converted the same to a Transport Facilitation benefit in the form of a car grant.

Subsequently, through a Gazette Notice in July 2022, SRC reviewed the remuneration and benefits for State Officers in the County Assemblies.

Further, they say the speakers were granted a car loan of up to Sh4 million while deputy speakers and MCAs were granted a car loan of up to Sh2 million. The said Gazette Notice was to take effect from August 2022.

The Speakers argue SRC came up with a proposal subject to public participation.

“Despite the purported public participation, there was no stakeholder engagement with the Petitioners…,” they claim in court documents.

The court documents further state that reviewing the benefits for State Officers in the County Assemblies without considering the input by the Petitioners and stakeholder engagements, violated provisions of the Constitution on the values and principles of governance.

They accuse SRC of failing to consider the importance of the office of the Speaker of the County Assembly and the need for them to maintain impartiality in the discharge of their very important functions.