The High Court has directed the Salaries and Remuneration Commission (SRC) to set and regularly review house allowances for deputy governors.
Justice Chacha Mwita issued the order on Friday, noting that “denying the deputy governors benefits is discriminatory, unjustifiably selective and contrary to Article 27 of the Constitution”.
According to the Judge, claims by the SRC that paying the DGs housing allowance is not sustainable are not true.
The Council of Governors filed the case in 2016, arguing that denying deputy governors their right to housing benefits is discriminatory.
The judge agreed, saying giving differential treatment to governors and their deputies is a violation of their fundamental rights.
He said the law is clear that the deputy governors are deputy principals and are therefore entitled to remuneration and other benefits.
In the case, the COG wanted the pay backdated from the time they assumed office.
Through lawyer Cecil Miller, the council said the Constitution provides that the deputy governors, like other Kenyans, have the fundamental right to lawful and fair administrative action.
The council had requested the commission to provide housing allowances but some deputy governors were yet to receive theirs.
The commission, however, said its reading of the law showed they are not entitled to this benefit and resolved that it should not be provided.