Justice Chacha Mwita said deputy county chiefs are state officers, qualify for benefits and and denying them such benefits is discriminatory.
“A declaration is hereby issued that denying the deputy governors housing benefits is discriminatory, unjustifiably selective and contrary to Article 27 of the Constitution,” Mwita said.
He ordered the Salaries and Remuneration Commission to set, regulate and review the housing benefits for the deputy governors.
The judge also disagreed with the SRC’s arguments that the benefit would increase the public wage bill.
He said the housing allowance is not the same as remuneration and it’s a benefit that the public servants enjoy.
The Council of Governors filed a suit in court two years ago to challenge SRC’s decision to withhold payment of house allowance to their deputies.
They said it was discriminatory and unjustifiably selective.
The governors also wanted the pay backdated from the time they assumed office.
They said the Constitution provides that the deputy governors, like other Kenyans, have the fundamental right to lawful and fair administrative act.
“Denying them the right to housing benefits is denying them the enjoyment of the right to expeditious, efficient, lawful, and reasonable and fair administrative action,” they said in suit papers filed through lawyer Cecil Miller.
They said that on August 6, 2015, they requested the SRC to provide housing allowance as a requirement under the County Governments Act. In a letter, they wanted the commission to act speedily to “correct the anomaly”.
However, the SRC at the time maintained that the reading of the law showed deputy governors were not entitled to house allowances and rejected the request.
Annete Wambulwa