The High Court in Kakamega County has declared the Kakamega County (State Officers) Pension Scheme, Act, 2022, unconstitutional, null, and void. This decision came after the Salaries and Remuneration Commission (SRC) challenged the Act, arguing that its enactment violated the Constitution and exceeded the county's authority.

• The SRC contended that the Kakamega County Assembly acted contrary to Article 230(4)(a) of the Constitution, encroaching on the SRC's exclusive power to set and review remuneration and benefits for State officers.
• Lady Justice Jacqueline Nyambura Kamau, Justice Patrick Juma Okwaro Otieno, and Lady Justice Chirchir Sophie Chebet agreed that the SRC exclusively holds the function of setting and reviewing remuneration and benefits, including retirement benefits, for State officers.
• The Court also found that the Kakamega County Assembly violated Article 10 of the Constitution by failing to conduct meaningful public participation and stakeholder engagement during the legislative process, particularly regarding benefits for the Governor, Deputy Governor, Speaker, and Members of County Assembly.
• The SRC highlighted that the annual cost implication of the scheme for State officers serving one term was approximately Ksh 120,609,594, and for two terms, approximately Ksh 285,062,036, which would be fiscally unaffordable and burdensome to taxpayers.