Supreme Court to Hear Challenge to KSh10 Million Judges’ Car Allowance

The Supreme Court has been asked to consider a constitutional petition over a taxable car allowance of up to KSh10 million for judges, a case that could affect the public wage bill and thousands of state officers.

Advocate Peter Mwangi Gachuiri filed the petition in August 2023 after the Salaries and Remuneration Commission (SRC) moved to withdraw the allowance, arguing the benefit was introduced and increased beyond its mandate to set and review pay and perks for state officers.

The High Court ruled in favour of the petitioner in May 2024, quashing the SRC’s withdrawal, and the Court of Appeal dismissed the SRC’s challenge on March 25, 2026, leaving the matter for the apex court.

SRC warned that the allowance could cost about KSh45 billion if extended to the 4,543 state officers identified, and said the expense would strain the public wage bill and could trigger similar claims from other officials.

The identified officers include 86 in the Executive, 422 in Parliament, 91 in commissions, 912 in the Judiciary, 130 in the military and 2,902 in county governments, each eligible for KSh10 million.

Religious leaders and civil society organisations representing 16 groups issued a joint statement on October 13, 2026 urging the Supreme Court to balance judicial independence with accountability, warning that Kenyans risk being “fleeced by an unholy union of Parliament, the Executive and the Judiciary”.

The groups estimated that the KSh10 million grant for each judicial position would amount to roughly KSh2.3 billion before tax, or KSh1.61 billion after tax, every four years, and argued the money could be redirected to health, education and other public services.

The organisations cited Article 160(4) of the Constitution, which protects judges against disadvantageous changes to remuneration, and Article 230, which defines SRC’s mandate, asking the court to interpret both provisions.

The allowance dates back to a July 2011 circular by the Head of Public Service that set a taxable car allowance of up to KSh2 million, later raised to KSh5 million in June 2015 and KSh10 million in June 2018; SRC became aware of the circulars in 2021 and wrote to the Head of Public Service on July 12, 2021 seeking revocation.

The Judiciary notes that judges already receive official transport and a separate retirement transport allowance under the Judges’ Retirement Benefits Act, 2026, which is distinct from the disputed taxable car allowance.

The Supreme Court hearing will therefore address the constitutional questions surrounding the allowance, its fiscal impact and the scope of SRC’s authority over state officers’ benefits.