Constitutional Offices (Remuneration) Act
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LAWS OF KENYA THE CONSTITUTIONAL OFFICES (REMUNERATION) ACT CAP. 423 Revised and published by the National Council for Law Reporting with the authority of the Attorney-General as gazetted by the Government Printer www.kenyalaw.org Kenya Constitutional Offices (Remuneration) Act Cap. 423 Legislation as at 31 December 2022 By Kenya Law and Laws.Africa. Share widely and freely. www.kenyalaw.org | [email protected] FRBR URI: /akn/ke/act/1968/64/eng@2022-12-31 There is no copyright on the legislative content of this document. This PDF copy is licensed under a Creative Commons Attribution NonCommercial ShareAlike 4.0 License (CC BY-NC- SA 4.0). This license enables reusers to distribute, remix, adapt, and build upon the material in any medium or format for noncommercial purposes only, and only so long as attribution is given to the creator. If you remix, adapt, or build upon the material, you must license the modified material under identical terms. CC BY-NC-SA includes the following elements: • BY: credit must be given to the creator. • NC: Only noncommercial uses of the work are permitted. • SA: Adaptations must be shared under the same terms. Share widely and freely. the creator. • NC: Only noncommercial uses of the work are permitted. • SA: Adaptations must be shared under the same terms. Share widely and freely. Constitutional Offices (Remuneration) Act (Cap. 423) Contents 1. Short title ........................................................................................................................................................................................................... 1 2. Salaries and allowances for certain offices under the Constitution ............................................................................................. 1 4. Other allowances ............................................................................................................................................................................................ 2 5. [Repealed by Act No. 57 of 2012, s. 27.] ............................................................................................................................................... 2 6. Validation of increments .............................................................................................................................................................................. ...................................................................................................................................................... 2 SCHEDULE ............................................................................................................................................................................................................... 2 .................................................................................................................................................... 2 Constitutional Offices (Remuneration) Act (Cap. 423) Kenya CONSTITUTIONAL OFFICES (REMUNERATION) ACT CAP. 423 Assented to on 27 December 1968 Commenced on 30 December 1968 [Amended by Constitutional Offices (Remuneration) (Amendment) Act, 1972 (Act No. 8 of 1972) on 8 August 1972] [Amended by Statute Law (Miscellaneous Amendments) Act, 1973 (Act No. 4 of 1973) on 18 May 1973] [Amended by Statute Law (Miscellaneous Amendments) Act, 1975 (Act No. 7 of 1975) on 27 June 1975] [Amended by Statute Law (Miscellaneous Amendments) Act, 1976 (Act No. 6 of 1976) on 4 June 1976] [Amended by Statute Law (Miscellaneous Amendments) Act, 1977 (Act No. 16 of 1977) on 28 October 1977] [Amended by Constitutional Offices (Renumeration) (Amendment) Act, 1981 (Act No. 3 of 1981) on 19 June 1981] [Amended by Constitutional Offices (Renumeration) (Amendment) Act, 1986 (Act No. 6 of 1986) on 1 July 1985] [Amended by Constitutional Offices (Renumeration) (Amendment) Act, 1985 (Act No. 14 of 1985) on 20 December 1985] [Amended by Constitutional Offices (Renumeration) (Amendment) Act, 1986 (Act No. 6 of 1986) on 1 August 1986] [Amended by Constitutional Offices (Renumeration) (Amendment) Act, 2000 (Act No. meration) (Amendment) Act, 1986 (Act No. 6 of 1986) on 1 August 1986] [Amended by Constitutional Offices (Renumeration) (Amendment) Act, 2000 (Act No. 8 of 2000) on 15 December 2000] [Amended by Statute Law (Miscellaneous Amendments) Act, 2002 (Act No. 2 of 2002) on 1 July 2001] [Amended by Statute Law (Miscellaneous Amendments) Act, 2007 (Act No. 7 of 2007) on 15 October 2007] [Amended by Statute Law (Miscellaneous Amendments) Act, 2009 (Act No. 6 of 2009) on 23 July 2009] [Amended by Finance Act, 2012 (Act No. 57 of 2012) on 13 March 2013] [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022] An Act of Parliament to fix the salaries and allowances of persons holding certain offices provided for in the Constitution 1. Short title This Act may be cited as the Constitutional Offices (Remuneration) Act. 2. ons holding certain offices provided for in the Constitution 1. Short title This Act may be cited as the Constitutional Offices (Remuneration) Act. 2. Salaries and allowances for certain offices under the Constitution (1) The salaries to be paid to the holders of the offices specified in the first column of the Schedule, being the offices mentioned in section 104 of the Constitution, shall, with effect from the 1st July, 2008, be at the annual salary scales specified in relation to those offices in the second column of that Schedule: Provided that where a salary scale is specified, the holder of the office shall be paid such salary, within the scale, as the President may determine having regard to— (a) the seniority of the various office holders, based on the number of years served in a particular office; and (b) the differences in skills, workload and accountabilities attached to each office. (2) The holders of the offices specified in the first column of the Schedule shall be paid such allowances as may be determined from time to time by the President. [Act No. 14 of 1985, s. 2, Act No. 8 of 2000, s. 2, Act No. 2 of 2002, Sch., Act No. 7 of 2007, Sch, Act No 6 of 2009, Sch.] 1 time by the President. [Act No. 14 of 1985, s. 2, Act No. 8 of 2000, s. 2, Act No. 2 of 2002, Sch., Act No. 7 of 2007, Sch, Act No 6 of 2009, Sch.] 1 Constitutional Offices (Remuneration) Act (Cap. 423) Kenya 4. Other allowances Nothing contained in this Act shall preclude the payment to the holder of the office specified in the first column of the Schedule any allowance not mentioned or determined in accordance with this Act which he is eligible to receive other than by virtue of this Act. [Act No. 14 of 1985, s. 3.] 5. [Repealed by Act No. 57 of 2012, s. 27.] 6. Validation of increments Notwithstanding the provisions of this Act or of any other written law, any increments in the salaries paid to the holders of any of the offices specified in the first column of the Schedule, between the 1st July, 1985 and the date of commencement of this section shall be deemed to be in accordance with the provisions of this Act. [Act No. 8 of 2000, s. 4.] SCHEDULE SALARY SCALES [Act No. 8 of 1972, Act No. 4 of 1973, Act No. 7 of 1975, Act No. 6 of 1976, Act No. 16 of 1977, Act No. 3 of 1981, Act No. 14 of 1985, s. 4, Act No. 6 of 1986, s. 2, Act No. 8 of 2000, s. 5, Act No. 2 of 2002, Sch., Act No. 6 of 2009, Sch.] Office Salary Scale or Rate Attorney-General ............................................ 000, s. 5, Act No. 2 of 2002, Sch., Act No. 6 of 2009, Sch.] Office Salary Scale or Rate Attorney-General ............................................ Band A1 Chief Justice ...................................................... Band A1 Judge of Appeal ................................................ Band A2 Puisne Judge ................................................. Band A3 Controller and Auditor-General .............. Band A2 Chairman, Public Service Commission ....... Band A2 Deputy Chairman, Public Service Commission ............. Band A3 Member, Public Service Commission ............................. Band A3 2 ... Band A2 Deputy Chairman, Public Service Commission ............. Band A3 Member, Public Service Commission ............................. Band A3 2 Constitutional Offices (Remuneration) Act (Cap. 423) Kenya Chairman, Interim Independent Electoral Commission ....... Band A2 Vice-Chairman, Interim Independent Electoral Commission ...... Band A3 Member, Interim Independent Electoral Commission .............. Band A3 “Salary Scale Band A1” means a salary scale commencing at Ksh. 399,440 per month, increasing by Ksh. 39,940 per annum to Ksh. 439,380 per month; thereafter increasing by Ksh. 43,140 per annum to Ksh. 482,520 per month; thereafter increasing by Ksh. 49,140 per annum to Ksh. 531,660 per month; thereafter increasing by Ksh. 55,140 per annum to Ksh. 586,800 per month; thereafter increasing by Ksh. 61,140 per annum to Ksh. 647,940 per month; thereafter increasing by Ksh. 67,140 per annum to Ksh. 916,500 per month. “Salary Scale Band A2” means a salary scale commencing at Ksh. 292,765 per month, increasing by Ksh. 19,320 per annum to Ksh. 312,085 per month; thereafter increasing by Ksh. 21,055 per annum to Ksh. 333,140 per month; thereafter increasing by Ksh. 22,950 per annum to Ksh. 356,090 per month; thereafter increasing by Ksh. 25,015 per annum to Ksh. 406,120 per month; thereafter increasing by Ksh. h. 22,950 per annum to Ksh. 356,090 per month; thereafter increasing by Ksh. 25,015 per annum to Ksh. 406,120 per month; thereafter increasing by Ksh. 30,000 per annum to Ksh. 436,120 per month; thereafter increasing by Ksh. 35,000 per annum to Ksh. 576,120 per month. Salary Scale Band A3” means a salary scale commencing at Ksh. 232,960 per month, increasing by Ksh. 13,930 per annum to Ksh. 246,890 per month; thereafter increasing by Ksh. 15,170 per annum to Ksh. 262,060 per month; thereafter increasing by Ksh. 16,575 per annum to Ksh. 295,210 per month; thereafter increasing by Ksh. 17,872 per annum to Ksh. 366,698 per month; thereafter increasing by Ksh. 18,654 per annum to Ksh. 441,314 per month; thereafter increasing by Ksh. 20,002 per annum to Ksh. 481,318 per month. 3
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