National Assembly Remuneration Act Cap 5 - as Plain Text by MWakili

LAWS OF KENYA NATIONAL ASSEMBLY REMUNERATION ACT CHAPTER 5 Revised Edition 2012 [1987] Published by the National Council for Law Reporting with the Authority of the Attorney-General www.kenyalaw.org [Rev.

2012] CAP.

5 National Assembly Remuneration CHAPTER 5 NATIONAL ASSEMBLY REMUNERATION ACT ARRANGEMENT OF SECTIONS Section 1.

Short title.

2.

Payment of salaries and allowances.

3.

Gratuities.

4.

Payment of further allowances.

5.

Exemption from income tax.

6.

Repealed.

7.

Repealed.

SCHEDULES FIRST SCHEDULE SECOND SCHEDULE 3 [Issue 1] [Rev.

2012] CAP.

5 National Assembly Remuneration CHAPTER 5 NATIONAL ASSEMBLY REMUNERATION ACT [Date of assent: 28th October, 1975.] [Date of commencement: 1st October, 1975.] 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 Ministers, and for Assistant Ministers; and for purposes incidental thereto and connected therewith [Act No.

9 of 1981, Act No.

12 of 1981, Act No.

12 of 1984, Act No.

7 of 1986, Act No.

2 of 1992, Act No.

9 of 1994, Act No.

2 of 2002, Act No.

2 of 2003, Act No.

7 of 2007, Act No.

8 of 2009, Act No.

4 of 2012.] 1.

Short title This Act may be cited as the National Assembly Remuneration Act, 1975.

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.

(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.

[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 Minister and every Assistant Minister shall receive a gratuity, at the rate of twenty per centum of the salary specified in the second column of the First Schedule ot 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.

5 [Issue 1] CAP.

5 [Rev.

2012] National Assembly Remuneration (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.

Exemption from income tax All allowances payable under this Act shall be exempt from income tax notwithstanding the provisions of any other written law relating to income tax.

6.

Repealed by Act No.

12 of 1984, Sch.

7.

Repealed by Act No.

2 of 2003, s.

4.

[Act No.

12 of 1984, Sch., Act No.

7 of 1986, s.

2, Act No.

2 of 1992, s.

2, Act No.

9 of 1994, s.

2, Act No.

2 of 2003, s.

4.] [Issue 1] 6 [Rev.

2012] CAP.

5 National Assembly Remuneration ) Allowance 1,400,000.001,400,000.00960,000.00960,000.00960,000.00840,000.00840,000.00720,000.00840,000.00840,000.00840,000.00840,000.00720,000.00 Entertainment KSh.

per year ( ) Allowance 1,400,000.001,400,000.00500,000.00800,000.00500,000.00380,000.00380,000.00360,000.00500,000.00380,000.00380,000.00360,000.00360,000.00 KSh.

per year Extraneous Duty ( ) House Allowance 1,200,000.001,200,000.001,200,000.00960,000.00960,000.00840,000.001,200,000.00960,000.00960,000.00960,000.00840,000.00 KSh.

per year ( ) Allowance 1,200,000.00600,000.00600,000.00600,000.00600,000.00600,000.00600,000.00600,000.00600,000.00600,000.00600,000.00600,000.00 1986, s.

3, Act No.

2 of 1992, s.

3, Act No.

9 of 1994, s.

3, 03, s.

5, Act No 4 of 2012, s.

23.] Constituency KSh.

per year ( [Section 2(1).] PART I) 00 00 SCHEDULES FIRST SCHEDULE 000.00 Parliamentary Allowance KSh.

per year2,400,3,600,000.002,400.000.1,200,000.2,400.000.00 Responsibilities ( ) Act No.

2 of 2002, Sch., Act No.

2 of 20KSh.

per year ( 2,400,000.002,400,000.002,400,000.002,400,000.002,400,000.002,400,000.002,400,000.002,400,000.002,400,000.00 [Act No.

9 of 1981, s.

3, Act No.

12 of 1981, Sch., Act No.

7 of Office Salary Vice-President 3,600,000.00Speaker 3,600,000.00Deputy Speaker Minister 2,400,000.00Leader of Official Opposition Assistant Minister Parliamentary Service Commissioner 2,400,000.00Member of Parliament Government Chief Whip Deputy Government Chief Whip Opposition Whips Member of Chairmens Panel Other recognized Whips 7 [Issue 1] CAP.

5 [Rev.

2012] National Assembly Remuneration FIRST SCHEDULEcontinued PART II [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.

5.] Office held Sitting Allowance (KSh.

per day) Chairperson, Parliamentary Service Commission 20,000.00 Vice-Chairperson, Parliamentary Service 15,000.00 Commission Chairperson, Sub-committee of the Parliamentary 12,500.00 Service Commission Other Commissioners, Parliamentary Service 10,000.00 Commission Chairperson of a Parliamentary Committee 8,000.00 Member, Parliamentary Committee 5,000.00 SECOND SCHEDULE [Section 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 2002, No.

2 of 2003, s.

6, Act No.

7 of 2007, Sch., Act No.

4 of 2012, s.

24.] Category of Member Nature of Allowance 1.

Every Member of the National A.

Mileage allowance in respect of any Assembly other than the Speaker, journey made in Kenya for the the Deputy Speaker, the Vice- purpose of attending President, other Ministers, and Assistant Ministers.

(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 [Issue 1] 8 [Rev.

2012] CAP.

5 National Assembly Remuneration SECOND SCHEDULEcontinued Category of Member Nature of Allowance (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; (ii) transport 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; and (iii) a member of the National Assembly representing a constituency within the Nairobi area or an area outside Nairobi within a radius of one hundred kilometres shall be paid a commuted mileage of 1,350; and such a member shall not be paid transport allowance.

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.

9 [Issue 1] CAP.

5 [Rev.

2012] National Assembly Remuneration SECOND SCHEDULEcontinued Category of Member Nature of Allowance 2.

The Deputy Speaker, the Vice- Transport allowance as follows President, other Ministers, and Assistant Ministers.

(a) in respect of any journeys, not exceeding fifty-two in any one year, made outside Nairobi in connexion with the business of the National Assembly or in connexion with other special business not coming within the normal business of the National Assembly or his Ministry, as the case may be; and (b) a commuted mileage allowance for travel in and about Nairobi, where an official car is not provided, of 1,350.

3.

Every Member of the National An air or railway travel allowance (in Assembly including the Speaker, lieu of mileage allowance) in the Deputy Speaker, the Vice- respect of the journeys referred to President, other Ministers and under items 1 and 2 of this Assistant Ministers.

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 A.

A motor vehicle purchase Assembly, including the Speaker, allowance for the purchase of one the Deputy Speaker, the Vice motor vehicle of the Members President, other Ministers and choice, for use in respect of Assistant Ministers.

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.

A car maintenance allowance in respect of motor vehicle purchased and pursuant to item A, at the rate of KSh.

900,000.00 per year.

[Issue 1] 10 [Rev.

2012] CAP.

5 National Assembly Remuneration SECOND SCHEDULEcontinued Category of Member Nature of Allowance 5.

Every Member of the National A severance allowance at the rate of Assembly.

thirty-one per centum of the salary specified in the second column of the First Schedule for every year in service.

11 [Issue 1].