NAIROBI, Kenya, Oct 26 – The High Court has declined to certify as extremely urgent a petition challenging new remuneration regulations issued by the Salaries and Remuneration Commission (SRC), opting instead to fast-track the main constitutional case.

Justice Patricia Mande Nyaudnu directed that the interim application be consolidated with the main petition, allowing the dispute to proceed without first determining the request for urgent interim orders.

The petition was filed by UK-based Kenyan litigant Eliud Karanja Matindi, who wants the Salaries and Remuneration Commission (Remuneration and Benefits of State and Other Public Officers) Regulations, 2026, declared invalid.

The regulations took effect on June 19, 2026, and establish a mandatory four-year cycle for reviewing public officers’ pay and benefits, aligned with national budgeting and planning cycles.

They also require public institutions to conduct structured job evaluations to determine the relative value of different roles, promote equal pay for work of equal value and address pay disparities across the public service.

Public bodies with recognised trade unions must seek SRC advice before entering into collective bargaining negotiations. They are also required to submit financial performance reports, budget allocations and staffing data when seeking remuneration reviews.

The regulations further link pay adjustments and rewards to productivity and performance targets.Matindi argues that requiring the SRC to obtain parliamentary approval before gazetting the regulations undermines the commission’s independence under Article 249 of the Constitution.

He also contends that the regulations are invalid because the SRC did not submit them to the Clerk of the National Assembly within the statutory timeframe.

The court declined to issue interim orders to suspend the regulations before hearing the other parties.

The judge directed Matindi to serve the petition documents on the National Assembly, the SRC, the Attorney General and interested parties, including Katiba Institute and Transparency International Kenya, by October 27, 2026.

The respondents have 14 days from the date of service to file their replying affidavits, after which the petitioner will have seven days to respond.

The case will be mentioned on November 25, 2026, to confirm compliance with the filing directions and set a hearing date.