Two Supreme Court judges declined an application by the Salaries and Remuneration Commission (SRC) seeking their recusal from a case challenging the taxation of car allowances.
In a brief ruling, the two judges Chief Justice Martha Koome and Justice Mohammed Warsame rejected the application, which sought to have them step aside from hearing the dispute over taxable car allowances.
The SRC, through its lawyer Peter Wanyama, had argued that the commission would not receive a fair hearing if the two judges continued handling the case.
Wanyama told the court that Chief Justice Koome had previously described the SRC as an enemy of the Judiciary, raising concerns about the possibility of bias in determining the dispute.
The commission maintained that the remarks had created a perception of conflict and questioned whether it could obtain justice before the two judges.
However, the Chief Justice and Justice Warsame declined to recuse themselves, allowing them to remain seized of the matter.
“This application you have raised so that this matter does not proceed; we have no conflict of interest in this matter. I have no bias, and so is my colleague, Justice Warsame. We will not be looking at the parties; we just want to hear and interpret the Constitution,” she noted.
The case concerns the taxation of car allowances for judges.
There has been criticism on how the courts are presiding over the matter that concerns them.
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