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Kenya Case Law

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Administrative Law [2025] KEHC 7570 (KLR)

Ethics and Anti-Corruption Commission v Murage & another

Ethics and Anti-Corruption Commission v Murage & another [2025] KEHC 7570 (KLR)

The court found that the advice of the Salaries and Remuneration Commission (SRC) regarding payment of allowances is binding on all public entities, and any payment of allowances to public officers must strictly comply with SRC circulars and approvals. The Defendants, as employees of the National Treasury, received substantial sums as allowances under various heads, including taskforce, extraneous, entertainment, and unspecified allowances, without the requisite SRC approval and in contravention of established rates and procedures. The court determined that the Defendants were aware, or ought…

  • Public Officer Allowances
  • Embezzlement Of Public Funds
  • Binding Nature Of Src Advice
  • Unjust Enrichment
  • Procedural Fairness
  • Discrimination In Enforcement
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Administrative Law [2024] KEHC 8585 (KLR)

Ethics and Anti-Corruption Commission v Ngeru

Ethics and Anti-Corruption Commission v Ngeru [2024] KEHC 8585 (KLR)

The court found that the advice of the Salaries and Remuneration Commission (SRC) regarding remuneration and benefits for public officers is binding on public bodies, including the National Treasury, by virtue of Article 230(4)(b) and Article 259(11) of the Constitution. The Defendant, as a public officer, was only entitled to allowances as advised by the SRC. The court determined that the Defendant received allowances—extraneous, facilitation, taskforce, and undefined—that were not approved by the SRC or were paid in excess of the advised rates. The court held that such payments were unlawfu…

  • Public Officer Remuneration
  • Allowances And Benefits
  • Binding Nature Of Src Advice
  • Recovery Of Public Funds
  • Unlawful Enrichment
  • Judicial Review Of Administrative Action
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