Public servants set for higher hardship allowances after SRC win in court

The dismissal of a petition filed in court challenging the Salaries and Remuneration Commission (SRC)’s revised hardship allowance rates could now pave the way for the implementation of new proposals for public servants.

The case, filed at the Employment and Labour Relations Court by the Kenya Teachers in Hardship and Arid Areas Welfare Association against the Teachers Service Commission, Public Service Commission, SRC, Office of the Prime Cabinet Secretary and the Attorney-General, had temporarily halted the rollout of the new proposals.

The SRC had reviewed and proposed new hardship allowance rates and was expected to advise the public service once hardship areas were officially gazetted.

Public Service and Human Capital Development Principal Secretary Jane Kere told the National Assembly Committee on Education on Thursday that the government was ready to implement the revised rates but had been blocked by court proceedings. She added that the legal hurdle has since been cleared, marking a major step for workers who have been awaiting the outcome.

“The petition was dismissed by the court, which means the State Department and other agencies have been given the green light to proceed and conclude the matter. We will prepare a Cabinet memo for further direction and determination,” she told the committee.

The court case had sought to overturn the report and maintain payment of allowances under the status quo, arguing that implementation of the recommendations would violate constitutional fair labour practices and socio-economic rights.

The court had earlier issued a temporary injunction to maintain the status quo pending the hearing and determination of the case.

The revised rates are now expected to benefit thousands of public servants working in designated hardship areas through higher allowances.

A letter dated May 13, 2024, outlined the reviewed rates for both moderate and extreme hardship areas.

Those in Job Group T are expected to be among the main beneficiaries, with officers in moderate hardship areas set to earn Sh63,000 monthly, while those in extreme hardship areas will receive Sh66,150, up from the current Sh60,000 hardship allowance.

For Job Group S, the allowance rises from Sh45,000 to Sh51,750 in moderate hardship areas and to Sh54,338 in extreme hardship areas, while officers in Job Group R will see an increase from Sh38,100 to Sh43,815 (moderate) and Sh50,387 (extreme).

In Job Group Q, workers will earn Sh36,225 (moderate hardship) and Sh41,659 (extreme hardship), up from the current Sh31,500. Those in Job Group P will take home Sh31,395 (moderate) and Sh36,104 (extreme), from Sh27,300.

In Job Group N, the SRC is proposing an increase to Sh19,665 (moderate) and Sh22,615 (extreme), up from a flat rate of Sh17,100.

Workers in Job Group M will earn Sh16,848 (moderate) and Sh19,375 (extreme), up from Sh14,650.

According to the SRC submission, civil servants in the lowest cadre, Job Group A, will see their hardship allowance rise to Sh3,360 (moderate) and Sh4,032, from Sh2,800.

 Better compensation

The SRC says the adjustments are intended to better compensate employees serving in difficult conditions, improve retention and boost motivation in remote and underserved regions, amid calls for a comprehensive review of hardship area classifications.

During the session, MPs raised concerns  over what they termed irregular and unfair categorisation of hardship areas, calling for an immediate overhaul of the current list.

They are now calling for a comprehensive audit and review of the hardship area framework to ensure fairness and equity, with some proposing periodic reassessments to keep the list up to date.

They argued that genuinely deserving regions are being sidelined, while comparatively better-off areas continue to receive hardship allowances, adding that the current classification lacks objectivity and does not reflect realities on the ground.

“In Taita Taveta, we have the hilly part with no roads and very difficult terrain. That particular area is not categorised as hardship, yet an area around Voi is classified as hardship but is fairly well off,” Committee chairperson Julius Melly said.

Kibra MP Peter Orero also stated: “If you look at Makueni, some areas are hardship and others are not. Why can’t we have an overall review, and how long does it take to conduct another review?”

The SRC and the Public Service docket were put to task to explain the methodology behind the classification, with MPs pushing for a transparent, data-driven approach that reflects current socio-economic and infrastructural realities.

Last month, Prime Cabinet Secretary Musalia Mudavadi said the teaching service has the highest number of areas designated as hardship zones, followed by the Judiciary, civil service, counties and State corporations.

Currently, the Civil Service, County Governments and State Corporations have 16 designated hardship areas, while the teaching service has 44 and the Judiciary 21.

Mudavadi cited disparities in the units of analysis used in classification. For instance, the Civil Service relies on former district boundaries, while the Teachers Service Commission (TSC) uses educational zones for categorisation.

The Prime Cabinet Secretary made the remarks when he appeared before the National Assembly to present on disparities in the classification of hardship areas and the payment of hardship allowances in the public service.

“The Kenya National Bureau of Statistics (KNBS) provided and weighted seven parameters to guide the determination and re-categorisation of hardship areas and ensure that the process is harmonised, fair and equitable to all. The parameters include food, water, transport and communication services, social services, climate and terrain, security and the poverty index,” he said.