SALARIES REMUNERATION COMMISSION V. COUNTY GOVERNMENT OF KAKAMEGA, KAKAMEGA COUNTY ASSEMBLY SERVICE BOARD, KAKAMEGA COUNTY ASSEMBLY FORUM, COUNTY GOVERNMENT OF MOMBASA & COUNTY ASSEMBLIES FORUM

RULING OF THE COURT

1. The 1^st respondent, County Government of Kakamega, filed a constitutional petition against the applicant seeking an order of certiorari to quash Gazette Notice No. 6518 of 7^th July 2017.

2. The facts supporting the petition were that in the year 2013, the applicant vide Gazette Notices Nos. 2885, 2886, 2887 and 2889 of that year set the remuneration and benefit structure for State Officers both in National and County Governments. By Gazette Notice No. 6517 of 7^th July 2017, the applicant reviewed downwards the salaries and remuneration of State Officers in County Government from the 2013 Gazette Notices.

3. Aggrieved by the downward review, the 1^st respondent filed the constitutional petition contending that the review was illegal and unprocedural as the applicant did not invite proposals and comments from affected state officers. It averred that affected state officers were not given an opportunity to be heard contrary to the provisions of Articles 47 and 50 of th…