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Retired governors and their deputies have suffered a major blow after the High Court rejected their bid to earn millions of shillings in pension after leaving office.

In a landmark judgment that will save the taxpayer millions of shillings, the Court stated that it has no jurisdiction to compel the Salaries and Remuneration Commission (SRC) to provide defined benefit pension scheme as the Constitution has vested them with the mandate to make such a determination.

The governors had gone to the High Court seeking a lifetime monthly pension of Sh739,200 and Sh700,000 for governors and deputy governors respectively, similar to what is offered to retired Presidents, Deputy Presidents, Chief Justices and the National Assembly and Senate Speakers.

Besides their monthly pay the governors were seeking a lump sum payment equivalent to their one-year pay, a 3000 cc four wheel-drive car, fuel and a medical cover for local and overseas treatment.

In the judgment rendered following a petition filed by the Council of Governors (COG) against the SRC, the courts were categorical that they could not accept an invitation to compel the salaries body to provide governors and their deputies benefit scheme as this amounts to usurping the powers of the commission.

Retirement benefit

Judge Lawrence Mugambi argued that the claim that the SRC has failed to provide a retirement benefit for the said offices thereby violating Article 43 (1) (e) is not tenable in view of the payment of gratuity equivalent to 31 per cent total basic pay that they enjoy and the additional option that exists of joining a direct contributory benefit scheme for governors and the deputies.

Reads the judgment: “This Court’s intervention can only be called upon if there is illegality or omission to undertake a constitutional mandate by the Respondent of which the Petitioner has failed to demonstrate in this petition.

This is the second blow to governors as SRC last month quashed the entire Sh22 billion salary increment for all civil servants that would have seen governors getting a pay hike.