CoG sues salaries agency for withholding deputy governors’ house allowance, wants court to declare decision illegal, unfair
The Council of Governors has sued the Salaries and Remuneration Commission for withholding payment of house allowance to deputy governors.
It wants the court to issue a declaration that denying deputy governors their rights to housing benefits is discriminatory and unjustifiably selective. Also sought is an order to compel the commission to perform its duty and allow the deputy county chiefs to have house allowances.
Governors want the pay to be backdated from the time they assumed office. According to the council, the Constitution provides that the deputy governors, like other Kenyans, have the fundamental right to lawful and fair administrative action. “Denying them the right to housing benefits is denying them the enjoyment of the right to expeditious, efficient, lawful, reasonable and fair administrative action,” the suit papers filed through lawyer Cecil Miller state.
The suit papers show the council on August 6 last year requested the commission to provide housing allowance. It says, “The County Governments Act provides and entitles deputy governors to housing allowances. It has, however, come to our attention there are some deputy governors who are yet to get their housing allowances almost three years after election in 2013 and their coming into office.”
The letter sought to have the commission act speedily to “correct the anomaly”. However, the commission said its reading of the law showed deputy governors are not entitled to house allowance and resolved that no such allowance be provided.