Koome, Warsame Reject SRC's Recusal in Car Allowance Case

Chief Justice Martha Koome and Supreme Court Justice Mohammed Warsame have rejected an application by the Salaries and Remuneration Commission (SRC) seeking their recusal from a case challenging the taxation of judges’ car allowances.

In a brief ruling on Wednesday, October 14, the two judges dismissed the application, allowing them to continue hearing the dispute over the judges’ car allowance.

The SRC, through its lawyer Peter Wanyama, had argued that the commission would not receive a fair hearing if the two judges remained on the bench.

Wanyama cited remarks previously attributed to Koome in which she allegedly described the SRC as an enemy of the Judiciary, arguing that the comments raised concerns about possible bias in determining the case.

The commission maintained that the remarks created a perception of conflict of interest and questioned whether it could obtain a fair hearing before the two judges.

However, Koome dismissed the concerns, maintaining that neither she nor Justice Warsame had a conflict of interest in the matter.

“This application you have raised so that this matter does not process, we have no conflict of interest in this matter. I have no bias and so is my colleague, Justice Warsame,” Koome said.

She added that the judges would concentrate on interpreting the Constitution rather than the parties involved in the dispute.

“We will not be looking at the parties. We just want to hear and interpret the Constitution,” she said.

The case concerns the taxation of judges’ car allowances and the extent of the SRC’s constitutional mandate to determine and review the remuneration and benefits of State officers.

The dispute has previously gone before the High Court and the Court of Appeal. The High Court ruled in May 2024 in favour of protecting the disputed benefit, with the Court of Appeal upholding the decision in March 2026.

The SRC has challenged the arrangement, raising questions about the cost of the allowance to taxpayers and the commission’s authority over public officers’ remuneration.

The Supreme Court proceedings will determine the legal questions surrounding the allowance, including the relationship between the SRC’s constitutional mandate and the constitutional protections governing judges’ remuneration and benefits.