A CRITICAL ANALYSIS OF LAWS AND JURISPRUDENCE ON SALARIES AND REMUNERATION OF PUBLIC AND STATE OFFICERS IN KENYA

Authors

  • Olayo Julius Ochieng PhD, CHRP-K A Certified Human Resource Practitioner and Lawyer
  • Lewis Waithaka Kamau Governance Expert

DOI:

https://doi.org/10.47604/jppa.1536

Keywords:

Salary, remuneration, interference, ultra vires.

Abstract

Purpose: This paper aimed at critically analyzing the laws and jurisprudence on salary and remuneration of public and state officers in Kenya.

Methodology: The paper used desk review method. It identified secondary materials related and relevant to study. Particularly, the study journal articles and case laws.

Results: The study found that Salaries and Remuneration Commission, as an independent body under the constitution charged with remuneration of public and state officers has experienced lot of interference from other state agencies. At the same time the commission has in some instance acted ultra vires despite the law providing clearly its mandate.

Unique contribution to theory, practice and policy: To avoid the court battles as a result of interferences, there is need for the commission to have structural engagement with all public agencies and bodies so as to clarify its mandate. Just as the relationship between the national and county governments is based on the principle of consultation and cooperation, the same can be adopted by the commission to ensure effective and efficient service delivery.

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References

Adams ZOE, "˜" Wage ", " Salary " and " Remuneration ": A Genealogical Exploration of Juridical Terms and Their Significance for the Employer ' s Power to Make Deductions from Wages'

Balogun AR and Omotoye OO, "˜Remuneration and Employee Performance in Global Communication Limited , Lagos Nigeria .' (2020) 22 Journal of Business and Management 15

Ochieng OJ and Waithaka LK, "˜Evolution of Labour Law in Kenya: Historical and Emerging Issues' (2019) 4 International Journal of Law and Policy 1

Onah E, "˜Remuneration Policy and Inequalities in Kenya, a Source of Labour Wars: Borrowing from Global Lessons' (2016) 4 1 <https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2780281%0Ahttps://www.academia.edu/download/45658546/Remuneration_Policy_and_Inequality_in_Kenya_a_Sour_of_Labour_Wars.pdf>

Onyekwelu RU, Dike E and Muogbo US, "˜Remuneration as a Tool for Increasing Employee Performance in Nigerian' [2020] SSRN Electronic Journal

County Government of Kakamega & 2 others v Salaries and Remuneration Commission; County Government of Mombasa (Interested Party) [2018] eKLR

Jimnah Muchiri v Agricultural Society of Kenya[102]

Judicial Service Commission v Salaries and Remuneration Commission & another [2018] eKLR

Kenya National Union of Nurses v Chairperson Salaries & Remuneration Commission & 4 others [2016] eKLR

Kenya Union of Domestic, Hotels, Education And Allied Workers (Kudhehia Workers) v Salaries and Renumeration Commission [2014] eKLR

Okiya Omtatah Okoiti & 3 others v Attorney General & 5 others [2014] eKLR

Salaries and Remuneration Commission & another v Parliamentary Service Commission & 15 others; Parliament & 4 others (Interested Parties) [2020] eKLR

Equal Remuneration Convention, 1951 (No. 100).

Equal Remuneration Recommendation, 1951 (No. 90).

Salaries and Remuneration Commission Act, 2011.

The Constitution of Kenya 2010.

The Salaries and Remuneration Commission (Remuneration and Benefits of State and Public Officers) Regulations, 2013.

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Published

2022-05-16

How to Cite

Ochieng, O., & Kamau, L. (2022). A CRITICAL ANALYSIS OF LAWS AND JURISPRUDENCE ON SALARIES AND REMUNERATION OF PUBLIC AND STATE OFFICERS IN KENYA. Journal of Public Policy and Administration, 7(1), 45 – 53. https://doi.org/10.47604/jppa.1536

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Articles