JSC rescinds decision to slash legal researchers’ salaries
They had complained that JSC unilaterally, and without due regard to its obligations, varied their terms of engagement contrary to Articles 41 (1) and 47 (1) of the Constitution
The court of Appeal has faulted the Judicial Service Commission (JSC) for reducing and withholding allowances due to some legal researchers hired in July 2022 to assist judges.
The decision was made in a case after some 23 legal researchers had sued JSC to complain about variation of their employment terms.
One of the emoluments listed in their letter of employment was risk allowance of SH15,000.00 per month. As their employment was running, JSC withdrew their risk allowance and reduced their responsibility allowance from Sh25,000.00 to Sh10,000.00 per month.
The researchers complained that JSC unilaterally, and without due regard to its obligations, varied their terms of engagement contrary to Articles 41 (1) and 47 (1) of the Constitution.
On its part, JSC argued that the Researchers did not qualify for risk allowance because they were under grade 11. In addition, JSC contended that the failure by the Researchers to raise any complaint during the pendency of their contracts was akin to their acknowledgment that they were not entitled to risk allowance.
In a judgment delivered on 11th July 2025, the Court of Appeal Judges John Mativo, Mwaniki Gachoka and George Odunga did not buy JSC’s argument.
“That argument is unacceptable. It is trite law that parties are bound by their contractual terms and cannot be varied unilaterally. [JSC] had indeed offered the [Researchers] a risk allowance that according to the [Researchers], was never settled. The fact that it was allegedly not available for the [Researchers] in the organogram could not have led [JSC] to depart from a bad bargain. It was incumbent upon it to fulfill its obligations under the contract as stated,” ruled the Judges.
Turning to the responsibility allowances, the Court of Appeal also found that that the slashing of the same from Sh25,000.00 to Sh10,000.00 was without any legal or justifiable basis against all JSC.
In the end, the Court of Appeal upheld the decision of the Employment Court that the researchers be paid their withheld risk allowances and the balance due in responsibility allowances.
