Chief Justice Koome says salaries body SRC has overstepped mandate

Chief Justice Martha Koome has accused the Salaries and Remuneration Commission (SRC) of encroaching on the mandate of the Judicial Service Commission (JSC) by setting salaries and benefits for judicial officers.

In a speech read on her behalf by her deputy Philomena Mwilu, Ms Koome said the SRC action interfered with the independence of the judiciary.

“The SRC has interfered with the JSC's mandate under Article 172(1)(b) of the Constitution, which is to ‘review and make recommendations on the conditions of service’ of judiciary staff, which does not include remuneration and benefits for public officers,” she said.

The CJ also blamed the Controller of Budget for what she described as "bureaucratic bottlenecks" hampering the operation of the Judiciary Fund.

According to her, the fund is not functioning optimally as envisaged by the Constitution.

"We are already working hard with these institutions to resolve this misunderstanding in line with the constitution," Justice Koome said.

The speech was read during the official opening of the 2023 Annual Judges' Colloquium in Mombasa.

Internally, she stressed, the judiciary needs to enhance public confidence in it.

"We still have challenges in terms of increasing public confidence in the judicial process. Public confidence is enhanced when judicial decisions are predictable and consistent," she said.

The CJ said this promotes the rule of law and helps people make informed decisions in both their personal and business dealings, and similar cases with similar facts and legal issues should be decided by the court in a similar manner.

Justice Koome said one of the emerging areas of complaints that they are dealing with at the JSC in the Office of the Ombudsperson relates to the predictability and consistency of judicial decisions.

"I am aware of the difficulty of achieving perfect predictability and consistency. The law is open to interpretation and new legal issues arise all the time. There will always be room for debate and different judges may have different perspectives," the CJ said.

She urged the judges to commit themselves to their noble mandate as enablers of the social transformation promised by the Constitution.

The Chief Registrar of the Judiciary, Anne Amadi, thanked the judges for their cooperation as she retired from the judiciary.

Supreme Court Judge and Director of the Kenya Judicial Academy Smokin Wanjala said the institution would continue to enhance training and capacity building of judicial officers and staff.