The Judges (Remuneration and Terminal Benefits) Act

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CHAPTER 424
THE JUDGES
(REMUNERATION AND TERMINAL BENEFITS) ACT
[PRINCIPAL LEGISLATION]
Arrangement of Sections
Section Title
PART I
PRELIMINARY PROVISIONS
1. Short title.
2. Application.
3. Interpretation.
PART II
SALARIES, ALLOWANCES AND OTHER BENEFITS
4. Salaries, allowances and other benefits.
5. Review of salaries, allowances and other benefits.
6. Attributes for reviewing salaries, allowances and other benefits.
7. Entitlements.
8. Funeral expenses.
9. Transportation on retirement.
PART III
BENEFITS UPON RETIREMENT, RESIGNATION
OR REMOVAL FROM OFFICE
10. Retirement.
11. Farewell ceremony
12. Benefits upon appointment.
13. Survivor’s benefits following death.
14. Pension for widow or widower of Chief Justice.
15. Benefits earned prior to removal.
16. Recommendation for review of terminal benefits.
17. Transmission of benefits.
PART IV
CONSEQUENTIAL AMENDMENTS
18–19. Omitted.
SCHEDULE

o removal.
16. Recommendation for review of terminal benefits.
17. Transmission of benefits.
PART IV
CONSEQUENTIAL AMENDMENTS
18–19. Omitted.
SCHEDULE

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PART I
PRELIMINARY PROVISIONS
1.–(1) This Act may be cited as the Judges (Remuneration and
Terminal Benefits) Act. (2) [Omitted]. 2. This Act shall apply to a person who holds the office of the
Chief Justice, a Justice of Appeal, a Principal Judge or a Judge
on or after the 1st March, 2007. 3. In this Act, unless the context requires otherwise -
“Chief Justice” means the Chief Justice appointed pursuant
to Article 118(2) of the Constitution;
“child” means and includes-
(a) a biological child, a step-child, a child born out of
wedlock and an adopted child who has not attained the
apparent age of eighteen years; or
(b) a child who is attending school or an institution of
learning or is physically disabled or mentally infirmed,
and who is wholly maintained by the Chief Justice, a Justice of
Appeal, a Principal Judge or a Judge;
Short title
Application
Interpretation
Cap.

med,
and who is wholly maintained by the Chief Justice, a Justice of
Appeal, a Principal Judge or a Judge;
Short title
Application
Interpretation
Cap.

2
CHAPTER 424
THE JUDGES
(REMUNERATION AND TERMINAL BENEFITS) ACT
An Act to provide for remuneration, terminal benefits and survivors
benefits to a person holding the Office of Chief Justice, Justice of Appeal,
Principal Judge and Judge and to provide for matters related thereto. [25th April, 2007]
[GN. No. 88 of 2007]
Acts Nos. 3 of 2007
2 of 2018
6 of 2021
12 of 2023

Judge and Judge and to provide for matters related thereto. [25th April, 2007]
[GN. No. 88 of 2007]
Acts Nos. 3 of 2007
2 of 2018
6 of 2021
12 of 2023

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THE JUDGES (REMUNERATION AND TERMINAL BENEFITS) ACT [CAP. 424 R.E. 2023]
“Commission” means the Judicial Service Commission
established by Article 112 of Constitution;
“Constitution” means the Constitution of the United
Republic;
“Judge” means a Judge of the High Court appointed in terms
of Article 109(1) of the Constitution;
“Justice of Appeal” means a Justice of Appeal appointed
pursuant to Article 118(1) of the Constitution;
“Minister” means the Minister responsible for legal affairs;
“Principal Judge” means the Judge of the High Court
designated “Jaji Kiongozi” in Kiswahili appointed under
article 109(1) of the Constitution. PART II
SALARIES, ALLOWANCES AND OTHER BENEFITS
4.–(1) The Chief Justice, a Justice of Appeal, the Principal
Judge and a Judge, shall be entitled to salaries, allowances and
other benefits as may be determined by the President. (2) The salaries, allowances, benefits and entitlements of
the Chief Justice, a Justice of Appeal, the Principal Judge and a
Judge shall be charged on the Consolidated Fund.

ances, benefits and entitlements of
the Chief Justice, a Justice of Appeal, the Principal Judge and a
Judge shall be charged on the Consolidated Fund.

(3) An allowance and other entitlements payable to Chief
Justice, a Justice of Appeal, the Principal Judge or a Judge
pursuant to subsection (2) shall be exempted from payment
of income tax. 5.–(1) Where it is desirable and necessary to review salary,
allowances and benefits payable to Chief Justice, Justice of
Appeal, the Principal Judge or a Judge, the Commission shall
forward proposals to the President together with reasons, if
any, for the proposals. (2) In making proposals, the Commission shall be guided
and ensure that, the scales of salary and the amount payable
to each scale, allowance and other benefits are broadly kept in
line with those applicable to the public service. Cap. 2
Salaries,
allowances and
other benefits
Review of
salaries,
allowances and
other benefits

in
line with those applicable to the public service. Cap. 2
Salaries,
allowances and
other benefits
Review of
salaries,
allowances and
other benefits

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THE JUDGES (REMUNERATION AND TERMINAL BENEFITS) ACT [CAP. 424 R.E. 2023]
(3) Without prejudice to subsection (2), the Commission
shall, in determining the types and the amount of benefits
in pursuant to the provisions of this section, seek and obtain
information from any Government Department or person
employed in the public service. (4) Where the President has received proposals from the
Commission, he may accept the proposal for review and
announce new salaries, allowances and benefits as he deems
appropriate and may seek advice from any authority as he
deems appropriate before announcing new salaries, allowances
or benefits as the case may be. 6. In the exercise of powers to review the salaries, allowances
and other terminal benefits for the Chief Justice, a Justice of
Appeal, the Principal Judge and a Judge, the President shall
have regard to national economy and any other consideration
necessary for arriving at or making appropriate decision.

and a Judge, the President shall
have regard to national economy and any other consideration
necessary for arriving at or making appropriate decision.

7.–(1) In addition to salaries, allowances and benefits payable
under this Act, the Chief Justice, a Justice of Appeal, the
Principal Judge or a Judge shall be entitled to benefits specified
in Part I of the Schedule. (2) The President may, upon the recommendation of the
Commission, add to or modify the benefits specified in the
Schedule but the modification shall not have the effect of curtailing
or reducing any of the benefits specified in the Schedule. 8. The Government shall, in a manner specified in Part II of
the Schedule, meet funeral expenses of a Chief Justice, a Justice
of Appeal, the Principal Judge or a Judge who dies in office or
after retirement from office. 9. On retirement or death, a spouse, dependants or survivors as
the case may be, personal effects of the retired or deceased Chief
Justice, a Justice of Appeal, the Principal Judge or a Judge shall
be transported by the Government to his place of domicile or as
determined by him or his survivor by using appropriate means. Attributes
for reviewing
salaries,
allowances and
other benefits
Entitlements
Funeral expenses
Transportation on
retirement

y using appropriate means. Attributes
for reviewing
salaries,
allowances and
other benefits
Entitlements
Funeral expenses
Transportation on
retirement

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THE JUDGES (REMUNERATION AND TERMINAL BENEFITS) ACT [CAP. 424 R.E. 2023]
PART III
BENEFITS UPON RETIREMENT, RESIGNATION
OR REMOVAL FROM OFFICE
10. The provisions of this Part shall be without prejudice to the
provisions of sections 40 and 41 of the Public Service Social
Security Fund Act, with regard to payment of pension and
other terminal benefits to a person who held the office of a
Chief Justice, Justice of Appeal, Principal Judge or a Judge. 11.–(1) The Judiciary shall, where the Chief Justice, Justice
of Appeal, Principal Judge or Judge retires, hold a farewell
ceremony to such retiree:
Provided that, such ceremony shall be held once in calendar
year. (2) The expenses of the farewell ceremony under this section
shall be borne by the Judiciary Fund. (3) The Chief Justice shall make rules prescribing the
manner and procedure for conducting the farewell ceremony
under this section.

e Judiciary Fund. (3) The Chief Justice shall make rules prescribing the
manner and procedure for conducting the farewell ceremony
under this section.

[s.10A]
12.–(1) Notwithstanding the provisions of the Public Service
Social Security Fund Act, where a person, being a public officer,
is appointed as a Chief Justice, a Justice of Appeal, the Principal
Judge, or a Judge, that person may, upon appointment, opt to
retire from service in the public office and be entitled to receive
terminal benefits in accordance with the Public Service Social
Security Fund Act. (2) A person appointed to the office of a Chief Justice, a
Justice of Appeal, the Principal Judge or a Judge who, before the
commencement of this Act, was serving in the public office and
who does not opt to retire under the provision of subsection
(1), the period of service in the public service shall be taken into
account when computing his terminal benefits upon retirement. Retirement
Cap. 371
Farewell
ceremony
Act No. 12 of 2023 s. 27
Benefits upon
appointment
Cap. 371

hen computing his terminal benefits upon retirement. Retirement
Cap. 371
Farewell
ceremony
Act No. 12 of 2023 s. 27
Benefits upon
appointment
Cap. 371

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THE JUDGES (REMUNERATION AND TERMINAL BENEFITS) ACT [CAP. 424 R.E. 2023]
(3) A Judge who is appointed a Chief Justice or a Justice of
Appeal, upon attaining the age of sixty shall have an option to
receive terminal benefits payable to a Judge. (4) A Judge who does not exercise the option under
subsection (3), his service in the office of a Judge shall be taken
into account when computing his benefits upon retirement. [s.

ise the option under
subsection (3), his service in the office of a Judge shall be taken
into account when computing his benefits upon retirement. [s.

11]
13.–(1) Where the Justice of Appeal, the Principal Judge or
a Judge dies in office before attaining the age of sixty-five or
sixty years, as the case may be, which is the respective age of
retirement for the Justices of Appeal and Judges, the grant by
appropriate authority equal to the pension which would have
been paid in accordance with subsection (3) of section 40 of the
Public Service Social Security Fund Act, shall be paid into the
estate of that Justice of Appeal, the Principal Judge or a Judge
and shall be administered in accordance with his will, if any, or
in accordance with the relevant law governing administration
of estates of the deceased persons.

administered in accordance with his will, if any, or
in accordance with the relevant law governing administration
of estates of the deceased persons.

(2) Where a Judge who was entitled to pension payable
under subsection (3) of section 40 of the Public Service Social
Security Fund Act, upon attaining the age of sixty years and
who is appointed a Justice of Appeal dies before attaining the
age of sixty-five years, the pension and other relevant benefits
that would be payable upon attaining the age of sixty years
shall, unless it was received by the deceased Justice of Appeal,
be paid into the estate of that Justice of Appeal, and shall be
administered in accordance with the relevant law governing
the administration of estates of the deceased persons. (3) For purposes of the provisions of subsections (1) and (2),
payment of benefits shall not affect other payments which the
deceased Justice of Appeal was or would be entitled to under
subsection (3) of section 40 of the Public Service Social Security
Fund Act, by virtue of holding the office of a Justice of Appeal. [s. 12]
Survivor’s
benefits following
death
Cap. 371
Cap. 371
Cap. 371

cial Security
Fund Act, by virtue of holding the office of a Justice of Appeal. [s. 12]
Survivor’s
benefits following
death
Cap. 371
Cap. 371
Cap. 371

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THE JUDGES (REMUNERATION AND TERMINAL BENEFITS) ACT [CAP. 424 R.E. 2023]
14. Where the Chief Justice dies in office or a former Chief
Justice dies, his widow or her widower shall be entitled to
payment by an appropriate authority-
(a) an annual pension granted monthly at the rate of sixty-
percent of annual pension payable to the former Chief
Justice in terms of paragraph (a) of subsection (1) of
section 41 of the Public Service Social Security Fund
Act; and
(b) other benefits as stipulated under subsection (2) of
section 41 of the Public Service Social Security Fund Act. [s. 13]
15. The Chief Justice, a Justice of Appeal, a Principal Judge or
a Judge who, before attaining the age of retirement is removed
from office in terms of Article 110A of the Constitution, in
addition to any terminal benefits already earned under this
Act but not paid, shall be entitled to benefits as the President
may, upon advice by the Commission, determine. [s. 14]
16.

already earned under this
Act but not paid, shall be entitled to benefits as the President
may, upon advice by the Commission, determine. [s. 14]
16.

Where the Judicial Service Commission considers it
necessary, desirable or in the national interest and is minded
that, any terminal benefits payable under the provisions of
this Act, be increased or otherwise varied or modified in any
manner or to any extent, the Commission may recommend to
the President for determination or directions. [s. 15]
17. Without prejudice to the powers of the Paymaster-General
under the Public Service Social Security Fund Act and the
Public Finance Act, the benefits prescribed under this Act and
the Public Service Social Security Fund Act to which a retired
Chief Justice, Justice of Appeal, Principal Judge or Judge and
their respective spouses are entitled, shall be paid through the
Office of the Chief Court Administrator. [s. 15A]
Pension for
widow or
widower of Chief
Justice
Cap. 371
Cap. 371
Benefits earned
prior to removal
Recommendation
for review of
terminal benefits
Transmission of
benefits
Act No. 6 of 2021 s. 10
Cap. 371
Cap. 348

371
Benefits earned
prior to removal
Recommendation
for review of
terminal benefits
Transmission of
benefits
Act No. 6 of 2021 s. 10
Cap. 371
Cap. 348

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THE JUDGES (REMUNERATION AND TERMINAL BENEFITS) ACT [CAP. 424 R.E. 2023]
PART IV
CONSEQUENTIAL AMENDMENTS
18–19. [Omitted.]
[ss. 16–17]
SCHEDULE
(Made under sections 7 and 8)
PART I
ALLOWANCES AND BENEFITS
1. Residence:
(a) a rent-free fully furnished grade A residence;
(b) one house attendant at a place of residence;
(c) two house attendants at a place of residence of the Chief
Justice;
(d) basic household appliances; and
(e) allowance of the amount sufficient to pay for water, waste
disposal, electricity bills and local telephone calls for a Justice
of Appeal, the Principal Judge and a Judge. 2. Travelling on duty and leave:
(a) by air:
(i) First Class Ticket or Business Class where appropriate,
in the case of Chief Justice; or
(ii) Business Class Ticket in the case of a Justice of Appeal,
the Principal Judge or a Judge;
(b) by ship or railway:
First Class Ticket;
(c) by road:
Chauffeur-driven Government vehicle; and
(d) in the case of leave, including spouse and children. 3.

ship or railway:
First Class Ticket;
(c) by road:
Chauffeur-driven Government vehicle; and
(d) in the case of leave, including spouse and children. 3.

Allowances-
(a) responsibility allowances to Chief Justice, Principal Judge
and Judge incharge; and
(b) court attire payable once annually. 4. Medical Treatment-
(a) medical treatment at Government expenses; and
(b) medical treatment at Government expense for spouse and
children. Omitted
Act No. 2 of 2018
12 of 2023
Act No. s. 92
12 of 2023

nment expenses; and
(b) medical treatment at Government expense for spouse and
children. Omitted
Act No. 2 of 2018
12 of 2023
Act No. s. 92
12 of 2023

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THE JUDGES (REMUNERATION AND TERMINAL BENEFITS) ACT [CAP. 424 R.E. 2023]
5. Transport-
(a) personal official vehicle with a driver; and
(b) fuel allowance at the rate of 70 litres per week. 6. Security-
(a) for a Justice of Appeal, the Principal Judge and a Judge,
provision of police guard at the residence and when travelling
by surface or water; and
(b) for the Chief Justice, provision of police guard when holding
office and after retirement. 7. Annual Leave-
(a) twenty -eight days in every year of service;
(b) local or vocational leave of up to a maximum of leave days
accrued; or
(c) salary in lieu of leave. 8. Insurance-
Insurance for personal injury and accident arising out of and in the
course of duty. 9. A diplomatic passport for the Chief Justice, a Justice of Appeal, the
Principal Judge, a Judge and spouse. 10.

ng out of and in the
course of duty. 9. A diplomatic passport for the Chief Justice, a Justice of Appeal, the
Principal Judge, a Judge and spouse. 10.

Terminal benefits for the Chief Justice-
(a) in addition to the terminal benefits provided for under
the Public Service Social Security Fund Act, the Chief
Justice shall on retirement, be entitled from the appropriate
authority the following benefits:
(i) a diplomatic passport for him and for his spouse;
(ii) a health insurance policy that covers medical treatment
within the United Republic;
(iii) one motor vehicle, of a value not exceeding the amount
as the President may determine, which shall be granted
to him in his retirement and replaceable after every
seven years;
(iv) seventy litres of fuel per week;
(v) maintenance allowance for a motor vehicle at a rate
equal to forty percent of fuel allowance;
(vi) a driver; and
(vii)use of VIP lounge. (b) a winding-up allowance of a sum equal to fifty percent of the
total sum of the salaries he received while he held office as
Chief Justice; and
(c) where the Chief Justice was immediately before his
appointment to the office of Chief Justice not a public officer,
a gratuity of a sum equal to fifty percent of the total sum of
the salaries he received while he held office as Chief Justice. Acts Nos. 2 of 2018 s.28
12 of 2023 s. 28
Cap. 371

o fifty percent of the total sum of
the salaries he received while he held office as Chief Justice. Acts Nos. 2 of 2018 s.28
12 of 2023 s. 28
Cap. 371

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THE JUDGES (REMUNERATION AND TERMINAL BENEFITS) ACT [CAP. 424 R.E. 2023]
11. Terminal benefits for Justice of Appeal and a Judge-
In addition to the terminal benefits provided for under the Public
Service Social Security Fund Act, a Justice of Appeal and a Judge shall,
on retirement, be entitled to the following benefits:
(a) a diplomatic passport for him and his spouse;
(b) one motor vehicle given once, of a value not exceeding the
amount as the President may from time to time determine;
(c) total sum of money granted once as a lump sum which shall be
sufficient to remunerate one driver for a period of four years;
(d) total sum of money sufficient to purchase fifty litres of fuel
per week granted once as a lump sum which shall cover a
period of four years;
(e) total sum of money being maintenance allowance for a motor
vehicle to be granted once as a lump sum at a rate equal to
forty percent of fuel allowance; and
(f) use of VIP lounge. PART II
FUNERAL EXPENSES
1. Coffin. 2. Shroud. 3. Wreath. 4. Cost of grave. 5. Transportation to a place of burial.

owance; and
(f) use of VIP lounge. PART II
FUNERAL EXPENSES
1. Coffin. 2. Shroud. 3. Wreath. 4. Cost of grave. 5. Transportation to a place of burial.

6. Cash payment to assist preparation and organisation of funeral
and burial ceremony. Cap. 371