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Is it true that Court Rules Retired Governors Not Eligible for Pension Benefits
The High Court in Nairobi has ruled that retiring governors and deputy governors are not entitled to a Defined Benefit Pension Scheme similar to one enjoyed by State officers at the national level. This ruling was a blow to the Council of Governors (CoG) who had sought a monthly pension of Sh739,200 for governors and Sh700,000 for deputy governors, along with a lump sum equivalent to one year's salary.
The court found that while governors and deputy governors are State officers, they are not automatically entitled to the same retirement benefits as other State officers. The court reasoned that there are peculiarities to their positions, and constitutional and statutory principles that guide such benefits, as determined by the Salaries and Remuneration Commission (SRC) under Article 230 of the Constitution of Kenya, 2010, and the SRC Act.
The SRC has also stated that while governors and deputy governors are State officers, it is not automatic that each State officer must be treated in the same way regarding retirement benefits. The SRC further stated that there are peculiarities of the positions, and constitutional and statutory principles that guide such benefits, as determined by SRC under Article 230 of the Constitution of Kenya, 2010, and SRC Act.
The court's decision was based on the principle that the SRC has the mandate to determine the remuneration and benefits of State officers, including governors and deputy governors. The court found that the CoG's proposal for a special pension scheme for governors and deputy governors was not in line with the SRC's mandate.
The court's decision has been met with mixed reactions. Some have praised the decision, arguing that it is fair and equitable. Others have criticized the decision, arguing that it is unfair to governors and deputy governors who have served the public for a long time.
Table of Contents
Introduction
The Court's Ruling
The SRC's Position
The Principle of SRC's Mandate
Reactions to the Ruling
Conclusion
The Court's Ruling
The High Court in Nairobi ruled that retiring governors and deputy governors are not entitled to a Defined Benefit Pension Scheme similar to one enjoyed by State officers at the national level. The court found that while governors and deputy governors are State officers, they are not automatically entitled to the same retirement benefits as other State officers. The court reasoned that there are peculiarities to their positions, and constitutional and statutory principles that guide such benefits, as determined by the Salaries and Remuneration Commission (SRC) under Article 230 of the Constitution of Kenya, 2010, and the SRC Act.
Sources:
The SRC's Position
The SRC has also stated that while governors and deputy governors are State officers, it is not automatic that each State officer must be treated in the same way regarding retirement benefits. The SRC further stated that there are peculiarities of the positions, and constitutional and statutory principles that guide such benefits, as determined by SRC under Article 230 of the Constitution of Kenya, 2010, and SRC Act.
Sources:
The Principle of SRC's Mandate
The court's decision was based on the principle that the SRC has the mandate to determine the remuneration and benefits of State officers, including governors and deputy governors. The court found that the CoG's proposal for a special pension scheme for governors and deputy governors was not in line with the SRC's mandate.
Sources:
Reactions to the Ruling
The court's decision has been met with mixed reactions. Some have praised the decision, arguing that it is fair and equitable. Others have criticized the decision, arguing that it is unfair to governors and deputy governors who have served the public for a long time.
Sources:
TLDR
The High Court in Nairobi has ruled that retiring governors and deputy governors are not entitled to a Defined Benefit Pension Scheme similar to one enjoyed by State officers at the national level. The court found that while governors and deputy governors are State officers, they are not automatically entitled to the same retirement benefits as other State officers. The court reasoned that there are peculiarities to their positions, and constitutional and statutory principles that guide such benefits, as determined by the Salaries and Remuneration Commission (SRC) under Article 230 of the Constitution of Kenya, 2010, and the SRC Act.
Conclusion
The High Court's ruling is a significant development in the debate over the retirement benefits of governors and deputy governors. The ruling clarifies that the SRC has the mandate to determine the remuneration and benefits of State officers, including governors and deputy governors. The ruling also highlights the importance of considering the peculiarities of each position when determining retirement benefits.
The ruling is likely to have a significant impact on the future of retirement benefits for governors and deputy governors. It is likely to lead to further debate and discussion on the issue. It is also likely to lead to further litigation as governors and deputy governors seek to challenge the ruling.
Answered by mwakili.com