Yatani, SRC sued over judicial officers' hardship allowances

Ukur Yatani, Cabinet Secretary, National Treasury and Ministry Of Planning. [Wilberforce Okwiri, Standard]

Judges and magistrates working in hardship areas have not received hardship allowances for the past three years.

The revelation is contained in a case filed by Jonathan Munene Mwangi against Treasury Cabinet Secretary Ukur Yatani at the High Court.

Court records show the Treasury used to pay the allowances to all judicial officer sent to areas such as Marsabit, Turkana and Mandera. The allowances were however delayed and subsequently withdrawn.

In his case, Mwangi argues that it is unfair for the Judiciary not to pay the allowances drawn from the Consolidated Fund. Mwangi has sued Attorney General Kihara Kariuki, Judicial Service Commission, Yatani and Salaries and Remuneration Commission.

“The second and third respondents’ refusal to pay the judges stationed in hardship areas the approved hardship allowance is arbitrary, oppressive and capricious as by virtue of Article 160(4), the said judges enjoy the right to not have their remuneration and or benefits varied to their disadvantage,” argued Mwangi.