Supreme Court Begins Hearing Dispute Over KSh10 Million Judges’ Car Allowance

By Hadrine Joyce | Wednesday, 14 October 2026

The Supreme Court is set to hear a dispute between the Salaries and Remuneration Commission (SRC) and the Judiciary over a taxable car allowance of up to KSh10 million for judges, in a case that could have wider implications for public-sector spending.

In a report published on Wednesday, The Star said the commission is challenging earlier court decisions that upheld the allowance after SRC moved to withdraw the benefit.

The commission argues that the allowance was introduced and increased without proper authority and that determining salaries and benefits for state officers falls within its constitutional mandate.

The dispute began after advocate Peter Mwangi Gachuiri challenged the withdrawal of the allowance. The Kenya Judges Welfare Association and the Judicial Service Commission have supported the challenge.

The High Court ruled in favour of the petitioner in May 2024. The Court of Appeal subsequently dismissed SRC’s appeal in March 2026, prompting the commission to take the matter to the Supreme Court.

The case could have implications beyond the Judiciary. According to The Star, the disputed allowance could expose public finances to a potential cost of approximately KSh45 billion if similar benefits were extended to thousands of other state officers.

SRC maintains that the additional benefit raises questions about fairness, affordability and the sustainability of the public wage bill. The Judiciary’s position is that the allowance cannot be withdrawn in a manner that violates constitutional protections relating to judges’ remuneration.

The Supreme Court proceedings will determine the next stage of the dispute. The court’s final decision will be important in clarifying the rules governing public officers’ remuneration and benefits.

Source: The Star, published 14 October 2026.

Photo caption: The Supreme Court of Kenya in Nairobi.