KENYA · COURTS
Key Facts
- —What is happening Kenya’s Chief Justice Martha Koome and Justice Mohammed Warsame refused on Wednesday, 14 October, to step aside from the Supreme Court appeal over judges’ car allowance of up to Sh10 million (about US$77,000).
- —Why it matters The decision keeps the head of Kenya’s Judiciary on a case about judges’ own pay, testing public trust in judicial independence and the state’s control over the public wage bill.
- —The numbers The disputed taxable car allowance is worth up to Sh10 million (about US$77,000), two of the Supreme Court’s judges faced the recusal bid, and the court needs five judges to sit.
- —Who is who The Salaries and Remuneration Commission sets pay for Kenya’s state officers, Koome heads the Judiciary and the Supreme Court, and Warsame joined the Supreme Court this year.
- —What to watch The hearing of the commission’s appeal continues with both judges on the bench, and no date has been announced for the final judgment on whether judges keep the allowance.
- —What it means for you Kenya is a major non-NATO ally of the United States, and the case shows how its top court handles public pay disputes that investors in Kenyan government debt follow.
Kenya’s Chief Justice Martha Koome on Wednesday refused to step aside from the Supreme Court case over judges’ car allowance. The Salaries and Remuneration Commission had asked her and Justice Mohammed Warsame to recuse themselves over alleged bias.
Chief Justice Koome rejected the recusal bid on Wednesday, 14 October, as the Supreme Court in Nairobi began hearing the commission’s appeal. The Standard and Citizen Digital reported that Justice Mohammed Warsame also declined to leave the case.
The case decides whether Kenyan judges keep a taxable car allowance of up to Sh10 million (about US$77,000). For foreign investors and lenders, it tests how Kenya’s courts handle a dispute over public pay.
Koome Says There Is No Conflict
“We have no conflict of interest in this matter,” Koome told the court, both outlets reported. She added that she had no bias, “and so is my colleague,” referring to Justice Warsame.
The Standard quoted her as saying the judges had no bias against the commission and that “they are doing their work.” Citizen Digital described the decision as a brief ruling and said both judges remain on the case.
The Standard reported that Koome pointed to other Supreme Court judges who once sat on the Judicial Service Commission. She suggested this made the doctrine of necessity relevant, which lets judges sit when recusal would leave a court short.
Why the Commission Wanted Her Out
Commission lawyer Peter Wanyama argued that the commission would not get a fair hearing before the two judges. He cited remarks in which Koome allegedly called the commission an enemy of the Judiciary, both outlets reported.
The Standard said Wanyama also pointed to the two judges’ earlier role in Judicial Service Commission talks on the dispute. He argued the court could sit without them, because the Constitution requires only five judges.
What the Car Allowance Dispute Is About
The commission calls the allowance double compensation introduced without its approval, The Standard reported. The Star also reported the double compensation argument, saying judges already have official transport, including government vehicles.
The Standard said the commission warns of a cost of billions of shillings to taxpayers. The Star said the commission also fears similar claims from other state officers.
The judges rely on Article 160 of the Constitution, which bars varying their pay and benefits to their disadvantage. The Standard reported that the judges have relied on that protection.
Advocate Peter Gachuiri brought the original petition, and the High Court quashed the commission’s decision to withdraw the allowance. The Court of Appeal dismissed the commission’s challenge in March, which led to this final appeal.
Who Is Who in the Case
The Salaries and Remuneration Commission is the constitutional body that sets and reviews the pay and benefits of Kenya’s state officers. The Judicial Service Commission, chaired by the Chief Justice, recruits judges and handles discipline in the Judiciary.
Martha Koome is Kenya’s Chief Justice and President of the Supreme Court, the country’s highest court. Mohammed Warsame joined the Supreme Court this year after the Judicial Service Commission nominated him and President William Ruto appointed him.
The Rio Times explains the wider balance of power in its guide to Kenya’s key political players. The Judiciary’s clashes with other state bodies are part of that picture.
What It Means for US Readers
Kenya is a key US partner in East Africa, and Washington designated it a major non-NATO ally in 2024. How its top court handles a pay dispute involving its own judges is a test of judicial independence.
The commission argues the allowance affects the affordability of the public wage bill, The Star reported. US investors in Kenyan government debt follow such rulings, because they can add to fixed state costs.
What Is Not Known
Neither outlet reported a date for the Supreme Court’s judgment on the appeal itself. The total cost of the allowance is also unconfirmed, because published estimates differ widely.
Koome’s alleged remark calling the commission an enemy of the Judiciary is the commission’s claim and has not been independently confirmed. It is also not known whether the commission will raise its bias complaint again later.
What Comes Next
The hearing of the commission’s appeal continued after the ruling, with Koome and Warsame still on the bench. The Supreme Court’s judgment will decide whether judges keep the allowance, and no higher court can review it.
Frequently Asked Questions
What did Chief Justice Koome decide?
Koome and Justice Mohammed Warsame rejected the commission’s request that they step aside from the car allowance appeal on Wednesday. Both remain on the Supreme Court bench hearing the case.
What is the judges’ car allowance?
It is a taxable car allowance of up to Sh10 million (about US$77,000) for Kenyan judges. The commission wants it withdrawn, calling it double compensation for judges who already have official transport.
Why did the commission want Koome to step aside?
Its lawyer argued the commission would not get a fair hearing because of alleged bias. He cited remarks in which Koome allegedly called the commission an enemy of the Judiciary.
Why does this matter to US readers?
Kenya is a major non-NATO ally of the United States and an important partner in East Africa. The case tests judicial independence and control of public pay, which investors in Kenyan debt watch.
Sources: The Standard (14 October); Citizen Digital (14 October); The Star (14 October); Capital FM (2 February 2024). Conversions use the market rate of 129.63 per US$1 on 14 October 2026 (all accessed 14 October 2026).
This article was produced by The Rio Times’ automated newsroom system. How we use AI · Report an error · Editorial responsibility: Matthias Camenzind, Editor-in-Chief
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