House told JSC paid Chief Justice, AG allowances illegally

From left: Prof Githu Muigai, Attorney-General; Prof Margaret Kobia, PSC chairperson; and Dr Willy Mutunga, Chief Justice. Three are among members of the Judicial Service Commission who are under spotlight after the Public Service Commission termed as illegal the payment of sitting allowances to State officers on a salary. Photos/FILE  Nation Media Group

By EDWIN MUTAI

In Summary

• The commission told Parliament that any member of the JSC on a State salary who has been drawing allowances as members of the JSC should be surcharged to recover the money.
• The declaration puts Attorney- General Githu Muigai, Chief Justice Willy Mutunga, PSC chairperson Margaret Kobia, Supreme Court judge Smokin Wanjala and Isaac Lenaola of the High Court in the spotlight.
• The PSC was, however, hard-pressed to explain why it set the sitting allowances at Sh80,000 for members of the JSC yet other constitutional office holders take home about Sh20,000 per sitting

The Public Service Commission (PSC) Wednesday termed as illegal the payment of sitting allowances to State officers on a salary who are Members of the Judicial Service Commission (JSC).

The commission told Parliament that any member of the JSC on a State salary who has been drawing allowances as members of the JSC should be surcharged to recover the money.

The declaration puts Attorney- General Githu Muigai, Chief Justice Willy Mutunga, PSC chairperson Margaret Kobia, Supreme Court judge Smokin Wanjala and Isaac Lenaola of the High Court in the spotlight.

Former Chief Registrar of the Judiciary Gladys Shollei recently told a parliamentary committee that the commissioners, including those on State payroll had drawn millions of shillings in sitting allowances over the past two years, causing public uproar.

READ: Ex-Judiciary Chief Registrar fights back over JSC sacking

The Judiciary Wednesday responded to PSC position by stating that the Salaries and Remuneration Commission officially allowed Dr Mutunga to draw the allowances as part of the deal meant to save him from taking a pay cut on taking office from outside the public service.

“The Chief Justice’s official salary is set at between Sh720,000 and Sh900,000 and it was agreed that he would top that up through the various allowances to save him from loss of earnings with the change of jobs,” said a source who cannot be named because he is not the Judiciary Spokesman, adding that payment of sitting allowances to public officers on a salary is rampant in government and not unique to the JSC.

“It is a fact that even junior officers sitting in special task forces or even tender committees earn sitting allowances and the PSC was under the obligation to tell Parliament the truth,” he said.

The PSC also took responsibility for authorising the JSC commissioners to draw Sh80,000 per sitting, which it admitted was too high.

Peter ole Nkuraiyia, the PSC vice chairperson told Parliament’s Budget and Appropriation Committee that the commission had set the allowances for eight members of the JSC who were gazetted by former president Mwai Kibaki.

He said the PSC was guided by section 41 of the Judicial Service Commission Act, 2011 that says “members of the commission shall receive such allowances as may be determined by the Public Service Commission pending the establishment of the Salaries and Remuneration Commission (SRC).”

“It was the responsibility of the JSC to determine the administration of the allowances and ensure that any salaried staff is not paid allowances,” said Mr ole Nkuraiyia.

The PSC was, however, hard-pressed to explain why it set the sitting allowances at Sh80,000 for members of the JSC yet other constitutional office holders take home about Sh20,000 per sitting.

The source at the Judiciary said the Sh80,000 allowance per sitting was informed by the fact that the JSC, together with the SRC, are the only non-permanent constitutional commissions. All other commissioners earn a salary on top of sitting allowances.

The House committee, chaired by Mbeere South MP Mutava Musyimi asked whether there was any conspiracy between the PSC and JSC in setting the allowances given the fact that the PSC has a member in the JSC.