This archive report was first published on 22 August 2019.
On August 22, 2019, a Kenyan court made a significant ruling in a long-standing dispute over judges' salaries.
Justice George Odunga, a judge from the High Court, declined to strike out a case filed by 20 judges who alleged pay discrimination.
The judges, who were hired from private practice, claimed that they were being paid Sh532,500 per month, plus a non-practising allowance of Sh13,500, while magistrates who were elevated to the Bench were paid Sh632,000 per month, plus the same non-practising allowance.
The Salaries and Remuneration Commission (SRC) and the Judicial Service Commission (JSC) had urged Justice Odunga to dismiss the case, arguing that the petitioner, Sollo Nzuki, had no locus standi to file the case on behalf of the aggrieved judges.
However, Justice Odunga ruled that Mr Nzuki should be given the opportunity to prove the alleged mischief and unconstitutionality of the actions and omissions of the two commissions.
He dismissed the applications by SRC and JSC to strike out the petition, saying that the matter was not an employer-employee dispute, but rather a constitutional issue.
Justice Odunga's ruling marked a significant victory for the judges from private practice, who are seeking to have their salaries harmonized with those of their colleagues.
