Laws of Kenya Active 1975National Assembly Remuneration Act
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LAWS OF KENYA THE NATIONAL ASSEMBLY REMUNERATION ACT CAP. 5 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 National Assembly Remuneration Act Cap. 5 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/1975/9/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. National Assembly Remuneration Act (Cap. 5) Contents 1. Short title ........................................................................................................................................................................................................... 1 2. Payment of salaries and allowances ....................................................................................................................................................... 1 3. Gratuities ............................................................................................................................................................................................................ 1 4. Payment of further allowances .................................................................................................................................................................. 2 5. [Repealed by Act No. 57 of 2012, s. 26.] ............................................................................................................................................... 2 6. [Deleted by Act No. ............................................................................................................................. 2 6. [Deleted by Act No. 12 of 1984, Sch.] .................................................................................................................................................... 2 7. [Repealed by Act No. 2 of 2003, s. 4.] .................................................................................................................................................... 2 8. [Spent] ................................................................................................................................................................................................................. 2 FIRST SCHEDULE [s. 2] ...................................................................................................................................................................................... 2 SECOND SCHEDULE [s. 4] ................................................................................................................................................................................. 4 .................................................................................................................................................... 4 National Assembly Remuneration Act (Cap. 5) Kenya NATIONAL ASSEMBLY REMUNERATION ACT CAP. 5 Published in Kenya Gazette Vol. LXXVII—No. 46 on 31 October 1975 Assented to on 28 October 1975 Commenced on 1 October 1975 [Amended by National Assembly Remuneration (Amendment) Act, 1981 (Act No. 9 of 1981) on 1 July 1981] [Amended by Statute Law (Miscellaneous Amendments) (No. 2) Act, 1981 (Act No. 12 of 1981) on 4 December 1981] [Amended by Statute Law (Repeals and Miscellaneous Amendments) Act, 1984 (Act No. 12 of 1984) on 14 September 1984] [Amended by National Assembly Remuneration (Amendment) Act, 1986 (Act No. 7 of 1986) on 1 January 1986] [Amended by National Assembly Remuneration (Amendment) Act, 1992 (Act No. 2 of 1992) on 1 July 1991] [Amended by National Assembly Remuneration (Amendment) Act, 1994 (Act No. 9 of 1994) on 1 July 1994] [Amended by Statute Law (Miscellaneous Amendments) Act, 2002 (Act No. 2 of 2002) on 7 July 2002] [Amended by National Assembly Remuneration (Amendment) Act, 2003 (Act No. 2 of 2003) on 1 January 2003] [Amended by Statute Law (Miscellaneous Amendments) Act, 2007 (Act No. 7 of 2007) on 9 January 2003] [Amended by Finance Act, 2009 (Act No. nuary 2003] [Amended by Statute Law (Miscellaneous Amendments) Act, 2007 (Act No. 7 of 2007) on 9 January 2003] [Amended by Finance Act, 2009 (Act No. 8 of 2009) on 1 January 2010] [Amended by Finance Act, 2012 (Act No. 4 of 2012) on 2 May 2012] [Amended by Finance Act, 2012 (Act No. 57 of 2012) on 9 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 for the Speaker, the Deputy Speaker and Members of the National Assembly, and for the Vice-President and other Cabinet Secretaries, and for Assistant Cabinet Secretaries; and for purposes incidental thereto and connected therewith 1. Short title This Act may be cited as the National Assembly Remuneration Act. 2. Payment of salaries and allowances (1) The persons for the time being holding the several offices specified in the first column of Part I of the First Schedule to this Act shall each receive salaries and allowances at the annual rates specified in relation to those offices in that Schedule. the First Schedule to this Act shall each receive salaries and allowances at the annual rates specified in relation to those offices in that Schedule. (2) In addition to the allowances referred to in subsection (1)— (a) the persons for the time being holding the several offices specified in the first column of Part II of the First Schedule shall receive a sitting allowance at the rates respectively specified in the second column of that Schedule in respect of every meeting attended; (b) every Member of the National Assembly shall, in respect of every sitting of the National Assembly he attends, receive an attendance allowance of KSh. 5,000.00 per sitting: Provided that no person shall receive more than one allowance under this subsection in respect of any one day. [Act No. 2 of 2003, s. 2, Act No. 8 of 2009, s. 30A.] 3. Gratuities (1) The Speaker and the Deputy Speaker, the Vice-President and every other Cabinet Secretary and every Assistant Cabinet Secretary shall receive a gratuity, at the rate of twenty per centum of the 1 -President and every other Cabinet Secretary and every Assistant Cabinet Secretary shall receive a gratuity, at the rate of twenty per centum of the 1 National Assembly Remuneration Act (Cap. 5) Kenya salary specified in the second column of the First Schedule to this Act, payable at such intervals and subject to such conditions as the President may from time to time direct. (2) Gratuities under this section shall be payable in respect of service since the date of appointment of the person concerned. 4. Payment of further allowances (1) Without prejudice to section 2 of this Act and in addition thereto, every Member of the National Assembly of the category specified in the first column of the Second Schedule to this Act shall receive the allowance specified in relation to him in the second column of that Schedule. (2) In the Second Schedule, "mileage allowance" means an allowance at such rate as the Treasury may authorize. [Act No. 2 of 2003, s. 3.] 5. [Repealed by Act No. 57 of 2012, s. 26.] 6. [Deleted by Act No. 12 of 1984, Sch.] 7. [Repealed by Act No. 2 of 2003, s. 4.] 8. [Spent] FIRST SCHEDULE [s. 2] ANNUAL RATES OF SALARIES AND ALLOWANCES PART I [Act No. 9 of 1981, s. 3, Act No. 12 of 1981, Sch., Act No. 7 of 1986, s. 3, Act No. 2 of 1992, s. 3, Act No. 9 of 1994, s. 2, Act No. 2 of 2002, Sch., Act No. 2 of 2003, s. 3, Act No. 12 of 1981, Sch., Act No. 7 of 1986, s. 3, Act No. 2 of 1992, s. 3, Act No. 9 of 1994, s. 2, Act No. 2 of 2002, Sch., Act No. 2 of 2003, s. 5, Act No. 4 of 2012, s. 23.] Office Held Salary (KSh. per year) Parliamentary Responsibility Allowance (KSh. per year) Constituency Allowance (KSh. per year) House Allowance (KSh. per year) Extraneous Duty Allowance (KSh. per year) Entertainment Allowance (KSh. per year) Vice- President 3,600,000.00 2,400,000.00 1,200,000.00 1,400,000.00 1,400,000.00 Speaker 3,600,000.00 3,600.000.00 1,400,000.00 1,400,000.00 Deputy speaker 2,400,000.00 2,400,000.00 600,000.00 1,200,000.00 500,000.00 960,000.00 Cabinet Secretary 2,400,000.00 600,000.00 1,200,000.00 800,000.00 960,000.00 2 2,400,000.00 2,400,000.00 600,000.00 1,200,000.00 500,000.00 960,000.00 Cabinet Secretary 2,400,000.00 600,000.00 1,200,000.00 800,000.00 960,000.00 2 National Assembly Remuneration Act (Cap. 5) Kenya Office Held Salary (KSh. per year) Parliamentary Responsibility Allowance (KSh. per year) Constituency Allowance (KSh. per year) House Allowance (KSh. per year) Extraneous Duty Allowance (KSh. per year) Entertainment Allowance (KSh. per year) Leader of Official Opposition 2,400,000.00 600,000.00 1,200,000.00 500,000.00 960,000.00 Assistant Minister 2,400,000.00 600,000.00 960,000.00 380,000.00 840,000.00 Parliamentary Service Commissioner 2,400,000.00 1,200,000.00 600,000.00 960,000.00 380,000.00 840,000.00 Member of Parliament 2,400,000.00 600,000.00 840,000.00 360,000.00 720,000.00 Government Chief Whip 2,400,000.00 600,000.00 1,200,000.00. 500,000.00 840,000.00 Deputy Government Chief Whip 2,400,000.00 600,000.00 960,000.00 380,000.00 840,000.00 Opposition Whips 2,400,000.00 600,000.00 960,000.00 380,000.00 840,000.00 Member of Chairmen's Panel 2,400,000.00 2,400,000.00 600,000.00 960,000.00 360,000.00 840,000.00 Other recognized Whips 2,400,000.00 600,000.00 840,000.00 360,000.00 720,000.00 PART II 3 .00 2,400,000.00 600,000.00 960,000.00 360,000.00 840,000.00 Other recognized Whips 2,400,000.00 600,000.00 840,000.00 360,000.00 720,000.00 PART II 3 National Assembly Remuneration Act (Cap. 5) Kenya Office Held Sitting Allowance (KSh. Per day) Chairperson, Parliamentary Service Commission Vice-Chairperson, Parliamentary Service Commission Chairperson, Sub-Committee of the Parliamentary Service Commission 20,000.00 15,000.00 Other Commissioners, Parliamentary Service Commission Chairperson of a Parliamentary Committee Member, Parliamentary Committee 12,500.00 10,000.00 8,000.00 5,000.00 SECOND SCHEDULE [s. 4] ALLOWANCES [ Act No. 9 of 1981, s. 4, Act No. 7 of 1986, s. 4, Act No. 2 of 1992, s. 4, Act No. 9 of 1994, s. 4, Act No. 2 of 2003, s. 6, Act No. 7 of 2007, Sch., Act No. 4 of 2012, s. 24.] 4 No. 7 of 1986, s. 4, Act No. 2 of 1992, s. 4, Act No. 9 of 1994, s. 4, Act No. 2 of 2003, s. 6, Act No. 7 of 2007, Sch., Act No. 4 of 2012, s. 24.] 4 National Assembly Remuneration Act (Cap. 5) Kenya Category of Member Nature of Allowance (1) Every Member of the National Assembly other than the Speaker, the Deputy Speaker, the Vice-President, other Cabinet Secretaries, and Assistant Cabinet Secretaries. A. the National Assembly other than the Speaker, the Deputy Speaker, the Vice-President, other Cabinet Secretaries, and Assistant Cabinet Secretaries. A. Mileage allowance in respect of any journey made in Kenya for the purpose of attending — (a) a sitting of the National Assembly at which the Member attends; or (b) a meeting of any committee of the National Assembly which the Member attends; or (c) a meeting of any other committee board or other body which the member attends, if the Member is also a Member of such committee, board or other body by virtue of a requirement in the constitution thereof that a Member of the National Assembly be included in the composition thereof whether as an individual Member of the National Assembly or as representing any organization or group of Members of the National Assembly; or (d) a meeting of any organization or group of Members of the National Assembly which is not less in number than the number of Members which constitutes a quorum of the Assembly and for the purpose of discussing any business before or to come before the National Assembly, and the Member is present at the meeting: Provided that— (i) mileage allowance shall not be paid to any Member of the National Assembly more than once in respect of any one day; and (ii) mileage allowance in respect of attendance at any meeting referred to in paragraph (d) shall not be paid in respect of more than fifty two attendances in any one year. in respect of attendance at any meeting referred to in paragraph (d) shall not be paid in respect of more than fifty two attendances in any one year. B. Mileage allowance in respect of any journey made in Kenya by a Member between Nairobi and his home and his electoral area or the area which he represents on or in connection with the business of the National Assembly. C. Mileage allowance in any other circumstances approved by the Treasury. 2. The Deputy Speaker, the Vice- President, other Ministers, and Assistant Ministers. Mileage allowance in respect of any journeys, not exceeding fifty-two in any one year, made outside Nairobi in connection with the business of the National Assembly or in connection with other special business not coming within the normal business of the National Assembly or his Ministry, as the case may be. 5 bly or in connection with other special business not coming within the normal business of the National Assembly or his Ministry, as the case may be. 5 National Assembly Remuneration Act (Cap. 5) Kenya Category of Member Nature of Allowance 3. Every Member of the National Assembly, including the Speaker, the Deputy Speaker, the Vice-President, other Ministers and Assistant Ministers. An air or railway travel allowance (in lieu of mileage allowance) in respect of the journeys referred to under items 1 and 2 of this Schedule, where such travel is available and feasible: Provided that— (a) in the case of a journey by air, the Member shall only be entitled to travel business class; and (b) in the case of a journey by railway, the Member shall be entitled to travel first class. 4. Every Member of the National Assembly including the Speaker, the Deputy Speaker, President, other Ministers and Assistant Ministers. A. A motor vehicle purchase Vice- allowance for the purchase of one motor vehicle of the Member's choice, for use in respect of any journey made in Kenya for the purpose of attending to the business of the National Assembly, which shall be KSh. 3,300,000.00, payable to a Member only once during the Parliamentary term of five years. B. the business of the National Assembly, which shall be KSh. 3,300,000.00, payable to a Member only once during the Parliamentary term of five years. B. A car maintenance allowance in respect of a motor vehicle purchased and used pursuant to item A, at the rate of KSh. 900,000.00 per year. 5. Every Member of the National Assembly. A severance allowance at the rate of thirty-one per centum of the salary specified in the second column of the First Schedule for every year in service. 6
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