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PSC & 4 ORS.
V.
SRC & 7 ORS.

(2021) JELR 113793 (CA)

Court of Appeal 3 Dec 2021 Kenya
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Case Details

Suit Number:CIVIL APPLICATION NO. E409 OF 2020
Judges:WANJIRU KARANJA, JA S. GATEMBU KAIRU, JA JAMILA MOHAMMED, JA
Location:Nairobi

RULING

1.The Parliamentary Service Commission (PSC) (the 1st applicant) is an independent constitutional Commission established under Article 248 (2) of the Constitution of Kenya 2010 to cater for the wellbeing of Members of Parliament pursuant to Article 127 of the Constitution, including providing services and facilities to ensure efficient, effective and optimal performance by the members of Parliament (the 5th applicant). The second applicant (the Clerk of the Senate) is by dint of Article 127 (3) of the Constitution the secretary of the first applicant. The third applicant (the Clerk of the National Assembly) is appointed under Article 128 (1) of the Constitution and sued in his capacity as the accounting officer of the National Assembly.

2.On the other hand, the Salaries and Remuneration Commission (SRC) (the 1st respondent) is also an independent constitutional Commission whose functions include inquiring into and advising on the salaries to be paid out of public funds; to keep u…

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