Salary and Remuneration Commission(SRC) now wants the case challenging its decision to scrap car allowance for judges taken for mediation.

SRC through lawyer Peter Wanyama told a three judge bench that the judges cannot hear and determine a matter that is in their interest.

“Can a judge sit on a matter where they have peculiar interests……the decree will be to the judges not to the petitioner,” Wanyama argued.

Judicial Service Commission through lawyer Issa Mansour asked the court to dismiss the application by SRC and let the matter be heard and determined.

“Application by SRC should be dismissed and the matter be heard to conclusion….Don’t refer this matter to the tribunal or any other institutions, don’t recuse yourselves,” Mansour told the judges.

SRC scrapped off the taxable car allowances which have been enjoyed by the judges since 2011 saying the judges have official chauffeured, round-the-clock transport, fully serviced by the state and thereby giving the car grants amounts to double remuneration.

However, a petition was filed by one Peter Mwangi Gachuiri who sued SRC challenging the said directive by SRC arguing that scrapping the taxable car allowance on ground that it was not set and reviewed by the commission, contravened the constitution.

The court will rule on February 23 on whether to hear the case or refer it for mediation.