County assembly speakers have taken the Salaries and Remuneration Commission (SRC) to court, accusing it of discrimination in the allocation of car grants.
The speakers want the High Court to compel SRC to provide them with a one-time Ksh5 million car grant per county assembly term and a monthly car maintenance allowance of Ksh200,000.
Through Issa & Company Advocates, the 47 speakers argue that SRC has unfairly distributed motor vehicle benefits among elected leaders, leaving county assembly speakers without the same privileges as their deputies and Members of County Assemblies (MCAs).
Speakers Say Official Cars Are Inconvenient
The county speakers claim that the official cars provided by the government are only usable during office hours and do not serve their personal needs. As a result, they insist on the necessity of a personal Ksh5 million car grant, in addition to the government-provided vehicle.
They are also demanding a car mileage allowance, reimbursed at the applicable rate, with a vehicle engine capacity limit of 3,000cc.
Their petition stems from two SRC gazette notices, issued in July 2022 and August 2023, which reviewed the remuneration and benefits for county assembly leaders.
The 2022 notice allowed speakers to take a Ksh4 million car loan, while deputy speakers and MCAs were eligible for loans of up to Ksh2 million.
In the 2023 notice, SRC maintained the provision of an official car for speakers but gave deputy speakers and MCAs additional motor vehicle reimbursements, car maintenance allowances, and mileage claims.
The speakers argue that these reviews failed to address their demands for a personal car grant and maintenance benefits.
Speakers Claim Unfair Disparities
According to the speakers, the official car is not a personal benefit but rather a county assembly asset that must be returned once they leave office.
“The official car belongs to the county assembly. Once a speaker exits office, they do not retain it, nor do they get the option to purchase it. Meanwhile, deputy speakers and MCAs receive a one-time motor vehicle reimbursement of Ksh2.2 million, which allows them to buy a personal car,” the petition states.
The speakers are now asking the court to quash the 2022 and 2023 gazette notices, claiming the policies on transport benefits unfairly favor deputy speakers and MCAs while sidelining them.
Shared Vehicles Create Challenges
Although the government provides an official car for county speakers, they argue that it is not exclusively theirs. Instead, it is a shared pool vehicle, which is also used by the clerk of the county assembly and, at times, other assembly leaders.
As a result, they say this arrangement limits their access to reliable transport and exposes them to political interference.
“The use of the official car by the speaker is not automatic. If a speaker is not on good terms with the clerk, they can be denied access to the vehicle, which can be used as a tool to frustrate them in carrying out their official duties,” the petition reads.
Petition Challenges SRC’s Decision
The speakers accuse SRC of allowing deputy speakers and MCAs to choose their preferred vehicles, while speakers themselves do not have the same privilege.
They claim that SRC has created unfair disparities in how transport benefits are allocated among county assembly leaders.
“There is no rational explanation or justification for this differential treatment. SRC failed to consider the importance of the Speaker of the County Assembly and the need for them to maintain impartiality in the discharge of their duties,” the petition states.
The case is now pending hearing and determination in court.
