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The High Court has declared unconstitutional the salaries and benefits approved for Kenya's ambassadors, high commissioners and diplomatic representatives over lack of public participation.
In a judgment delivered by Justice Bahati Mwamuye quashed the remuneration framework approved by the Salaries and Remuneration Commission (SRC) on March 29, 2024 faulting the commission over lack of transparency in the Foreign Service Allowance payable to diplomats serving abroad.
"I therefore find that the process leading to the setting of the remuneration and benefits for the offices of high commissioner, ambassador and diplomatic and consular representative failed to satisfy the constitutional requirements of public participation under Articles 10(2), 201(a) and 232(1)(d) of the Constitution. The impugned decision was consequently arrived at through a procedurally defective process and cannot be sustained," Justice Mwamuye ruled.
The court ultimately declared the SRC's March 2024 decision unconstitutional but suspended the quashing order for 190 days to allow the commission to conduct public participation and independently determine the Foreign Service Allowance.
