The article discusses the proposed salary increases for government servants in Kenya. While the civil servants have refused the proposal, the author focuses on the housing allowance given to the President and Vice President, arguing that it is illegal and should be eliminated.The article discusses the proposed salary increases for government servants in Kenya. While the civil servants have refused the proposal, the author focuses on the housing allowance given to the President and Vice President, arguing that it is illegal and should be eliminated. Key Points: * The article highlights that the Salaries and Remuneration Commission’s notice on salary increases raises questions about the government’s commitment to reducing the wage bill for government servants. * The author praises the civil servants for refusing the pay raise, noting that it is the first time members of parliament and the senate have done so in Kenya’s history. * The main concern raised by the author is the housing allowance received by the President and Vice President, despite them having official residences provided by the state. * The Employment Act exempts only members of the Armed Forces, Police, Prison Service, and National Youth Service from the requirement to provide housing or pay a housing allowance. * The author argues that the President and Vice President are not exempt from the law and should not receive a housing allowance. * If they were entitled to an allowance, it should be capped at 15% of their basic salary, which would be significantly lower than the current allowance of Sh350,000 and Sh300,000 respectively. * The author suggests that eliminating this illegal payment could save the government money and create job opportunities for young people. * The article concludes by calling on the President to lead by example in cutting government waste and to eliminate dubious payments in his salary, starting with the housing allowance.
Looking at the notice issued by the Commission on Salaries and Remuneration on the proposed increase in salaries of government servants, it raises more questions than answers about the ingenuity of the government in reducing the wage bill for government servants as promised by the President.
More interesting, however, is how the civil servants suddenly refused a salary increase proposal.
I have to congratulate Gen Z for their vote against public waste. For the first time in our country’s history we have members of parliament and the senate refusing a pay rise!
But that aside.
My interest was piqued by some of the salary components of the civil servants, particularly the housing allowance for the President of Sh350,000 and the housing allowance for the Vice President of Sh300,000.
The question then arises as to why the President and Deputy President should be given housing allowance when they have a dwelling and/or house? Is it because they are not bound by the Employment Act? Is it because the Salaries and Remuneration Commission is ignorant of the provisions of the Employment Act?
Official residence of the President
The Employment Act shows that only members of the Armed Forces, the Kenya Police Service, the Kenya Prison Service and the National Youth Service are exempt.
Consequently, other state officials, as defined in Article 260 of the Constitution, including the President and the Vice President, are not exempt from the Labor Code.
Under Article 31 of the Labor Act, an employer is only obliged to pay a housing allowance to an employee if he does not provide the employee with reasonable housing.
However, for the President and Vice President, there is a house available, the State House, as the official residence of the President. There is also an official residence for the Vice President.
The author therefore does not understand why the President and Vice President should receive a housing allowance in addition to the house.
Secondly, be that as it may, even if an employee is entitled to a housing allowance, the Regulation of Wages (General) (Amendment) Order sets a maximum of 15 per cent of the employee’s basic salary.
Doubtful payments
If the President and Vice President were entitled to a housing allowance, it should be capped at 15 percent of their basic salaries. This would result in a housing allowance of Sh129,937.50 per month for the President, compared to the Sh350,000 actually paid, and Sh110,446.95 for the Vice President, compared to Sh300,000.
For the Cabinet Secretaries, Attorney General, Head of Civil Service and Secretary to the Cabinet, the housing allowance should be capped at Sh86,130 instead of Sh200,000 paid every month.
The abolition of illegal allowances for the President’s and Vice President’s residence would reduce salaries by 650,000 shillings per month.
A drop in the ocean, you might say, but this amount can help at least six young people who earn 100,000 shillings per month find work, which is still on the high side.
This does not only apply to the overpaid housing allowances for other government officials, including members of parliament and provincial government staff.
Since the president is calling for cutting spending and wasting government money, he should start from within and first eliminate the dubious payments in his salary, such as the housing allowance.
Author Wacuka Kihenjo is a lawyer at the High Court of Kenya
