Chief Justice Martha Koome and Supreme Court Judge Mohammed Warsame dismissed the Salaries and Remuneration Commission’s (SRC) request to be removed from a dispute concerning the taxation of judges’ car allowances.

The SRC had argued that earlier remarks attributed to the Chief Justice, in which she called the commission an “enemy of the Judiciary,” created a perception of bias and should lead to the judges’ recusal.

Representing the commission, lawyer Peter Wanyama contended that the comments called into question the judges’ ability to fairly determine the tax dispute.

Koome rejected the application, stating that neither she nor Justice Warsame have any conflict of interest or bias against the SRC.

She emphasized that the court’s role is to hear the parties and interpret the Constitution, not to decide the case based on the identities of those involved.

The decision means the two judges will continue on the bench while the court proceeds with the dispute over whether judges’ car allowances should be taxed.

The underlying case pits the SRC, which oversees public‑sector remuneration, against a challenge to the treatment of allowances paid to members of the Judiciary.