The Kenyan Supreme Court has ordered a suspension of the remuneration rules for the Supreme Court of Kenya (SRC), citing concerns over the National Assembly's involvement. The court ruled that the assembly lacked constitutional authority to review and approve the draft regulations before they were enacted and published in the Kenya Gazette by the SRC.
The petitioner argued that the National Assembly’s intervention undermined the independence of the SRC. The court’s decision comes after the assembly had passed a motion to review the pay structure, which the SRC claimed was outside its mandate. The ruling mandates that the SRC must re-examine the regulations without assembly input.
This case highlights ongoing tensions between the judiciary and legislative branches in Kenya. The SRC has previously challenged assembly decisions, asserting that its authority is constitutionally protected. The court’s intervention underscores the legal battle over institutional boundaries. The next steps involve the SRC revisiting the pay rules independently, with the assembly barred from further involvement until a final resolution is reached.
