Nairobi MCAs have joined other county legislators across the country demanding for house allowances in accordance with last year’s High Court ruling.
This follows similar calls by ward representatives drawn from Homa Bay, Isiolo, Garissa, Kakamega and Murang’a Counties.
The MCAs, led by Majority Leader Abdi Guyo, are arguing that they qualify as state officers and are therefore entitled to house allowances following the ruling made by a High Court Judge Justice Mwita on October 5, 2018 that state officers are entitled to house allowances.
Mr Guyo complained of the existence of disparities within the State offices within the country on remuneration of the office holders, particularly the payment of houses allowances to which the MCAs have to their disadvantage been deprived of.
REMUNERATION
“Devolved units are a critical component of governance in the country as per Article 11 of the Constitution and the Salaries and Remuneration Commission (SRC) should be mindful of the remunerative needs of public and state officers to ensure adequate facilitation for successful execution of their duties and mandates,” said Mr Guyo.
The Matopeni Ward MCA pointed out that in the Petition No. 328 of 2016; Council of Governors versus SRC; it was pronounced that denying some state officers similar benefits enjoyed by other state officers is discriminatory, unjustifiably selective and contrary to Article 27 of the Constitution.
“Accepting that such conduct is a violation of the fundamental rights of the state officers which such conduct is desirous of denunciation by the Members of the County Assemblies ab initio,” he said.
NON-PAYMENT
Last month, the Governing Council of the County Assemblies Forum (CAF), a body comprising of all the 47 counties, resolved that the non-payment of housing allowance for the MCAs in tandem with the High Court finding is a fundamental breach of the rights of its members.
Resolving to approve and adopt the resolution of the County Assemblies Forum Governing Council, Mr Guyo that the SRC do set housing allowance for the MCAs in tandem with the ideal and adequate endowment.
The Majority Leader now wants the immediate commencement of the implementation of the payment of the house allowance upon action by SRC.
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