It is unfair to reward top Judiciary staff and overlook juniors

Parliament’s approval to double the pay for constitutional office holders is not necessarily a bad idea, given that their salaries have not been raised for a long time.

Many public officials, including MPs, have received huge pay and allowance raises in recent years. The beneficiaries of the Bill Parliament endorsed are Attorney-General, Chief Justice, Appeal and High Court judges and Controller and Auditor-General. Others are Public Service Commission chairman and deputy chairman, Interim Independent Electoral Commission (IIEC) chairman and deputy and PSC and IIEC commissioners.

The AG and Chief Justice will earn Sh1.7 million each (salary and allowances) if they have served for at least ten years. Mr Amos Wako, who has been in office for 18 years, will benefit immediately President Kibaki assents to the Bill.

However, Chief Justice Evan Gicheru, who has been in office for six years, will wait another four years to earn the maximum Sh1.7 million. The two officials’ salary will rise from Sh531,650 to close to Sh916,500 a month, excluding allowances.

Salaries for Court of Appeal judges, chairmen of the PSC and IIEC and Controller and Auditor-General will also range between Sh292,765 and Sh576,120 a month, depending on seniority.

High Court judges, IIEC and PSC deputy chairs and commissioners of the two institutions will also be smiling all the way to the bank. Their pay will be between Sh232,960 and Sh481,318.

Constitutional office holders are key in the smooth running of their sensitive dockets. It is, thus, important they not only be independent, but also well-paid.

The pay raise can only be defended if the officials would live up to their oath of office and are not seen to act at the behest of the Executive or any other force. However, the general perception is that they are more likely to back the Executive when push comes to shove. This is a perception they must prove wrong.

Recent killings

They should act in the interest of the public and the greater good, whether this sits well with the Executive or not.

But questions abound why the AG, the prosecution boss, and the CJ, the chief of the Judiciary, benefited but their troops did not? Why were State counsel in Nairobi and the provinces, magistrates and para-legal staff left out? It is insensitive to award huge pay raises to officials at the top and leave out those under them. This will only add to the feeling of neglect and further dent staff morale.

Magistrates — resident, senior resident, principal, senior principal and chief — have been promised a salary increase for as long as they can remember.

But they have had to live with the agony of broken promises. Yet they preside over sensitive cases where they could be easily lured with cash to do the bidding of the accused.

What is more? They convict and sentence dangerous criminals who revenge after serving their terms or through proxy. Recent killings of magistrates are cases in point.

We urge the Government to fulfil its promises to magistrates and para-legal staff. And the pay increase should not be tokenism. It should be substantial so that it not only improves staff living standards, but also boosts their morale at work.

State counsel should also benefit. A few years ago, the State Law Office hired special prosecutors and paid them well. The same can be done to State counsel, magistrates and other staff.

The Judiciary and the prosecution can only do a wholesome job if all cadre are well paid, not just the top dogs.