The Court of Appeal has reaffirmed the authority of the Salaries and Remuneration Commission (SRC) to determine and review the pay and benefits of public officers.
The decision gives SRC a stronger position in matters involving salaries, job grading and remuneration across Kenya's public sector.
The ruling followed a case filed by 47 County Secretaries who challenged changes made to their remuneration after the introduction of county governments.
The County Secretaries argued that they had initially been placed on a remuneration framework equivalent to Job Group T before being moved to a framework linked to Job Group S.
They claimed the change reduced their earnings and argued that SRC had acted outside its powers.
They also accused the commission of violating their rights to equality, fair labour practices and fair administrative action.
However, the Court of Appeal rejected their appeal and upheld the earlier decision supporting SRC's constitutional mandate.
The court stated that SRC has the responsibility under Article 230 of the Constitution to set and regularly review the remuneration and benefits of State officers.
The commission is also mandated to advise the national and county governments on the pay and benefits of other public officers.
The judges further noted that SRC must consider factors such as the country's ability to afford public salaries, the need to attract and retain skilled workers, productivity, performance, transparency and fairness.
The court also found that the County Secretaries had not provided enough evidence to show that their offices had formally been classified under Job Group T.
It further held that an equivalency used for salary purposes does not automatically create, abolish or change the classification of a public office.
The ruling is expected to provide further clarity on the role of SRC in determining salaries and job grades across the public service.
The decision also reinforces the requirement for government institutions to take SRC's constitutional role into account when making remuneration arrangements.