The Court of Appeal in Nairobi has granted the Salaries and Remuneration Commission (SRC) powers to advise government trustees and other public trustee corporations on salaries and remunerations.
This is after the court issued a judgment on Friday, February 28, on a case of the SRC's authority over the National Social Security Fund's (NSSF) ruling that NSSF employees are public officers and subject to the SRC in relation to salary reviews. "In reaching the conclusion that the employees of the NSSF are not subject to the requirements of the SRC Act and regulations, we find that the Employment and Labour Relations Court misapprehended the Constitution and the law and, in so doing, arrived at the wrong decision, as a consequence of which it is necessary to interfere with that decision," the ruling read in part.
In 2016, the NSSF, the Kenya Union of Commercial Food Allied Workers, and the Attorney General, the third, first, and second respondents in the petition, took the SRC to court, challenging its circular that sought to regulate salary negotiations between the union and the NSSF.
SRC Commissioners in a joint session with the Public Service Commission in Nairobi, February 25, 2025.
