Court allows Kilifi County to table new evidence in former DG's Sh6.3 million allowance case

The late former Kilifi Deputy Governor Kenneth Kamto. [File, Standard]

Thirteen years later, the widow of the late former slain Kilifi Deputy Governor Kenneth Kamto is chasing a disputed Sh6,379,112.50 pending house allowance owed to her husband while serving the County.

Fawzia Omar told Justice Monica Mbaru that his late husband was never paid his house allowance dues from 2013 to 2017 when he served as the deputy governor.

The widow said the county had approached the court with an out-of-court settlement after admitting liability for the pending house allowance.

On March 26, 2026, Justice Mbaru ordered the payment of the said sum within 14 days, which the county failed to comply with.

On April 4, 2026, the County Human Resource, Jackson Mweni, told the judge the nonpayment was due to budgetary constraints since they were yet to prepare the supplementary budget, which was undergoing public participation.

On May 19, 2026, the county failed to appear in court to confirm compliance, forcing the judge to issue summonses to the County Executive Officer for Finance and the County Secretary on June 8, 2026.

In its defence, the county said that the Salary and Remuneration Commission (SRC) had failed to regularise house allowance for the deceased and had not paid house allowances for three years.

But the court ruled that deputy governors are entitled to the claimed house allowances and ordered SRC to regularise the same benefits.

The SRC issued a detailed circular on remuneration and benefits for state officers in the executive of County Governments, dated August 9, 2022.

Omar told the court that the attachment of pay slips for 2016 belonging to the late Kamto is evidence that the house allowances were never paid, because the matter in Petition No. 328 of 2016, filed by the Council of Governors against the SRC, was in 2016, and the judgment was issued on October 5, 2018.

She said the pay slips thus relate to salary, pension, and PAYE and not house allowance.

“The orders sought are meant to delay the conclusion of the matter herein and avoid payment of dues to the estate of the deceased and should thus be declined,” said Omar.

However, the county’s Chief Officer of the Public Service Administration, Winnie Luwali, filed an application seeking to introduce critical evidence from the Department of Public Service, including vital payroll and financial records demonstrating that the deceased was fully compensated for his tenure, as well as clearance certificates.

Luwali said the evidence only recently became available.

“These documents confirm that all statutory remuneration, including applicable housing allowances and terminal benefits, were paid to the deceased during his tenure,” said Luwali.

Justice Mbaru allowed the amendment of the said response to Omar’s claim within 14 days.

“It is therefore imperative for the respondent to amend the response, produce the new evidence, and for the matter to proceed for hearing on merit. On this basis, the summons issued against the respondent's officers is hereby lifted to allow due process,” said Justice Mbaru.