The Salaries and Remuneration Commission (SRC) has expressed serious concern over the Court of Appeal’s March 25, 2026 ruling upholding the Taxable Car Allowance for Judges.

It termed it an unconstitutional overreach that undermines SRC’s mandate and places an undue burden on the Kenyan taxpayer.

SRC argues that the allowance, granted by the Head of Public Service in 2011, was unlawfully introduced without its involvement, in violation of Article 230(4)(a) of the Constitution, which exclusively vests in SRC the authority to set and review remuneration for all State officers, including Judges.

The Attorney General had previously backed SRC’s decision to revoke the benefit in 2021.

The Commission further notes that sustaining the allowance amounts to double compensation, since Judges already receive official transport as part of their employment terms.

The continued disbursement is estimated to cost taxpayers more than Ksh2.5 billion from the public purse every four-year period.

SRC also warns that the ruling could trigger a ripple effect, with other State officers seeking similar benefits on grounds of equity and fairness, driving up public expenditure further.

Additionally, SRC raised concerns over an inherent conflict of interest, noting that Judges ruled on a matter in which they held a direct pecuniary interest, a move it says compromised judicial impartiality.

An earlier application for their recusal was rejected by the High Court.

In response, SRC has announced it will promptly file an appeal at the Supreme Court of Kenya, reaffirming its commitment to the prudent, equitable, and transparent management of State officers’ remuneration and benefits in the public interest.