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, the two judges dismissed the application, allowing them to continue hearing the dispute over whether car allowances paid to judges should be subject to taxation.
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 handling the matter.
Wanyama told the court that previous remarks attributed to Chief Justice Koome, in which she allegedly described the SRC as an enemy of the Judiciary, had raised concerns about possible bias.
The commission argued that the remarks created a perception of conflict and questioned whether it could receive a fair hearing before the two judges.
However, Koome dismissed the concerns, maintaining that neither she nor Justice Warsame had a conflict of interest or bias in the matter.
“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 court would focus on hearing the parties and interpreting the Constitution rather than being influenced by the identities of those involved.
The decision clears the way for the two judges to continue handling the case, which centres on the taxation of car allowances for judges.
