The Supreme Court of Kenya has dismissed an Appeal by the defunct National Health Insurance Fund (NHIF) Management Board and upheld the Court of Appeal's decision, affirming that the Salaries and Remuneration Commission (SRC) has jurisdiction over remuneration.
The move marks a significant win for SRC in its role as regulatory oversight in public service compensations, including remunerations and benefits for employees of State corporations, such as NHIF.
The highest court on the land declared that SRC's advice is binding on public institutions in line with Article 230(4)(b) of the Constitution of Kenya, 2010.
The case arose from a dispute over a Collective Bargaining Agreement (CBA) between NHIF and the Kenya Union of Commercial Food and Allied Workers where the former had negotiated and sought to implement a CBA without prior advice from SRC.
