CoG sues salaries agency for with­hold­ing deputy gov­er­nors’ house al­lowance, wants court to de­clare de­ci­sion il­le­gal, un­fair

The Star (Kenya) - - Politics -

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.

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