Salariesand Remunaration Act No 10of 2011 - as Plain Text by MWakili

LAWS OF KENYA salaries and remuneration commission act No.10 of 2011 Revised Edition 2013 (2011) Published by the National Council for Law Reporting with the Authority of the Attorney-General www.kenyalaw.org No.10 of 2011 Salaries and remuneration commission ACT Arrangement of Sections Section Part IPreliminary Short title.

Interpretation.

PART IICOMPOSITION AND ADMINISTRATION Powers of the Commission as body corporate.

Appointment of chairperson and members.

Qualification for appointment of chairperson and members.

Nomination of members.

Procedure for nominations.

Oath of office.

Vacancy in office of chairperson or member.

0 Filling of vacancy.

1 Functions of the Commission.

2 Guiding principles for the Commission.

3 Powers of the Commission.

4 Committees of the Commission.

5 Procedures of the Commission.

6 Appointment of secretary of the Commission.

7 Removal of secretary.

8 Secondment of staff.

9 The common seal of the Commission.

PART III FINANCIAL PROVISIONS 0Funds of the Commission.

1Financial year.

2Annual estimates.

3Accounts and Audit.

PART IVMISCELLANEOUS PROVISIONS 4Report of the Commission.

5Offences.

6Regulations.

7Code of conduct.

8Transitional and savings.

FIRST SCHEDULE OATH OF OFFICE SECOND SCHEDULE CONDUCT OF BUSINESS AND AFFAIRS OF THE COMMISSION No.

10 of 2011 SALARIES AND REMUNERATION COMMISSION ACT Date of Assent: 27th July, 2011 Date of commencement: 29th July, 2011 AN ACT of Parliament to make further provision as to the functions and powers of the Salaries and Remuneration Commission, the qualifications and procedures for the appointment of the chairperson and members of the Commission, and for connected purposes.

ENACTED by the Parliament of Kenya, as follows PART I PRELIMINARY Short title.

This Act may be cited as the Salaries and Remuneration Commission Act, 2011.

Interpretation.

(1) In this Act, unless the context otherwise requires Cabinet Secretary means the Cabinet Secretary for the time being responsible for matters relating to finance; chairperson means the chairperson of the Commission appointed under the Constitution, in accordance with the procedure set out in section 4; Commission means the Salaries and Remuneration Commission established by Article 230 of the Constitution; public officer means a person holding a public office as defined in the Constitution; salary and remuneration includes the ordinary, basic or minimum wage or pay and any additional emoluments and benefits whatsoever payable, directly or indirectly, whether in cash or in kind, by an employer to an employee and arising out of the employment of that employee; secretary means the secretary to the Commission appointed by the Commission under Article 250(12) of the Constitution, in accordance with the procedure set out in section 16; State officer has the meaning assigned thereto in the Constitution.

(2) Despite subsection (1), until after the first general elections under the Constitution, references in this Act to the expression Cabinet Secretary shall be construed to mean Minister.

PART II COMPOSITION AND ADMINISTRATION Powers of the Commission as a body corporate.

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In addition to the powers of the Commission under article 253 of the Constitution, the Commission shall have the power to (a) acquire, hold, charge and dispose of movable and immovable property; and (b) do or perform all such other things or acts for the proper discharge of its functions under the Constitution and this Act as may lawfully be done or performed by a body corporate.

Appointment of chairperson and members.

4.

(1) The chairperson and other members of the Commission shall be appointed in accordance with the provisions of Article 230 of the Constitution and this Act.

(2) The member of the Commission under Article 230(2) (c) (iii) of the Constitution shall be nominated by a joint forum of professional bodies represented by the Association of Professional Societies of East Africa.

(3) The chairperson and members shall serve on part-time basis for a non-renewable term of six years.

Qualification for appointment of chairperson and members.

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(1) A person shall be qualified for appointment as the chairperson if such person - (a) holds a degree from a university recognized in Kenya; (b) has knowledge and at least ten years experience in matters relating to either (i) public management; (ii) finance and administration; (iii) human resource management; (iv) economics; or (v) labour laws.

(c) has knowledge of labour market trends in Kenya as relates to income in the public and private sector; (d) meets the requirements of Chapter Six of the Constitution; and (e) has had a distinguished career in their respective fields.

(2) A person shall be qualified for appointment as a member if the person - (a) holds a degree from a university recognized in Kenya; (b) has knowledge and at least ten years experience in either- (i) finance and administration; (ii) public management; (iii) economics; (iv) human resource management; or (v) labour laws.

(c) meets the requirements of Chapter Six of the Constitution; and (d) has had a distinguished career in their respective fields.

(3) A person shall not be qualified for appointment as the chairperson or a member if the person - (a) is a member of Parliament or County Assembly; (b) is a member of a governing body of a political party; (c) is a member of a local authority; (d) is an undischarged bankrupt; or (e) has been removed from office for contravening the provisions of the Constitution or any other law.

Nomination of members.

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(1) Every nominating body under Article 230 (2) (b) and (c) of the Constitution shall nominate its representative to the Commission in a competitive and transparent manner in accordance with section 7.

(2) A person shall not be qualified for nomination under Article 230 (2) (d) or (e) of the Constitution unless such person holds the qualifications specified in section 5 (2).

Procedure for nominations.

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(1) Within fourteen days of the commencement of this Act, or of the occurrence of a vacancy in the Commission relating to the members under Article 230 (2) (b) and (c) of the Constitution, the relevant nominating body shall, by advertisement in at least two local daily newspapers of national circulation, invite applications from persons who qualify for nomination under the Constitution and this Act for nomination as a member of the Commission.

(2)The relevant nominating body shall consider the applications received under subsection (1) to determine their compliance with the provisions of the Constitution and this Act, interview the applicants and forward the names of two persons so qualified, who shall be of opposite gender, to the Cabinet Secretary for onward transmission to the President.

(3) Within fourteen days of the commencement of this Act, or of the occurrence of a vacancy in the office of the chairperson, the President shall convene a selection panel (hereinafter referred to as the panel) for the purpose of selecting suitable candidates for appointment as the chairperson.

(4) Until the first general election after the commencement of this Act, the President shall consult with the Prime Minister on the nomination of the selection panel under subsection (3).

(5) The panel shall comprise a chairperson and four other members drawn from the executive and professional organisations.

(6) The panel shall, subject to this section, determine its own procedure and the Ministry responsible for Public Service shall provide it with such facilities and other support as it may require for the discharge of its functions.

(7) The panel shall, within seven days of its convening, invite applications from qualified persons and publish the names and qualifications of all applicants in the Gazette and two daily newspapers of national circulation.

(8) The selection panel shall consider the applications, and shortlist and interview the applicants.

(9) After carrying out the interviews, the panel shall select three persons qualified to be appointed as chairperson of the Commission and forward the names to the President.

(10) Until after the first general election after the commencement of this Act, the President, in consultation with the Prime Minister shall, within seven days of receipt of the names forwarded under subsections (2) and (9), nominate a chairperson and other members of the Commission and forward the names of the nominees to the National Assembly.

(11)The National Assembly shall, within twenty-one days of the day it next sits after receipt of the names of the nominees under subsection (9), consider all nominations and may approve or reject any nomination.

(12) Where the National Assembly approves the nominees, the Speaker shall forward the names of the approved nominees to the President for appointment.

(13) The President shall, within seven days of the receipt of the approved nominees from the National Assembly, by notice in the Gazette, appoint the chairperson and members approved by the National Assembly.

(14) Where the National Assembly rejects any nomination, the Speaker shall communicate the decision to the President to submit fresh nominations.

(15) In appointing members under this section, the President shall observe the principle of gender equity, regional and ethnic balance and equal opportunities for persons with disabilities and shall ensure that at least one-third of the members are of either gender.

Oath of office.

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The chairperson, members and secretary shall each make and subscribe before the Chief Justice to the oath or affirmation set out in the First Schedule.

Vacancy in office of chairperson or member.

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(1) The office of the chairperson or a member of the Commission shall become vacant if the holder - (a) dies; (b) by notice in writing addressed to the President resigns from office; (c) is removed from office under any of the circumstances specified in Article 251 and Chapter Six of the Constitution.

(2) The President shall notify every resignation, vacancy or termination in the Gazette within fourteen days.

Filling of vacancy.

0.

(1) Where a vacancy occurs in the membership of the Commission under section 9, the appointment procedure provided for under the Constitution and this Act, shall apply.

(2) A member appointed under subsection (1) shall serve for a term of six years but shall not be eligible for reappointment.

Functions of the Commission.

1.

In addition to the powers and functions of the Commission under Article 230 (4), the Commission shall - (a) inquire into and advise on the salaries and remuneration to be paid out of public funds; (b) keep under review all matters relating to the salaries and remuneration of public officers; (c) advise the national and county governments on the harmonization, equity and fairness of remuneration for the attraction and retention of requisite skills in the public sector; (d) conduct comparative surveys on the labour markets and trends in remuneration to determine the monetary worth of the jobs of public offices; (e) determine the cycle of salaries and remuneration review upon which Parliament may allocate adequate funds for implementation; (f) make recommendations on matters relating to the salary and remuneration of a particular State or public officer; (g) make recommendations on the review of pensions payable to holders of public offices; and (h) perform such other functions as may be provided for by the Constitution or any other written law.

Guiding principles for the Commission 2.

(1) In addition to the principles set under Article 230 (5) of the Constitution, the Commission shall also be guided by the principle of equal remuneration to persons for work of equal value.

(2) Without prejudice to subsection (1), the Commission shall take into account the recommendations of previous commissions established to inquire into the matter of remuneration in the public service.

Powers of the Commission.

3.

(1) The Commission shall have all powers generally necessary for the execution of its functions under the Constitution and this Act, and without prejudice to the generality of the foregoing, the Commission shall have powers to - (a) gather, by any means appropriate, any information it considers relevant, including requisition of reports, records, documents or any information from any source, including governmental authorities; (b) interview any individual, group or members of organizations or institutions and, at the Commission's discretion, conduct such interviews; (c) hold inquiries for the purposes of performing its functions under this Act; (d) take any measures it considers necessary to ensure that in the harmonization of salaries and remuneration, equity and fairness is achieved in the public sector.

(2) In the performance of its functions, the Commission (a) may inform itself in such manner as it thinks fit; (b) may receive written or oral statements from any person, governmental or non-governmental agency; and (c) shall not be bound by the strict rules of evidence.

Committees of the Commission.

4.

(1) The Commission may, from time to time, establish committees for the effective discharge of its functions.

(2) The Commission may co-opt into the membership of the committees established under subsection (1) persons whose knowledge and skills are considered necessary for the functions of the Commission.

Procedures of the Commission.

5.

(1) The business and affairs of the Commission shall be conducted in accordance with the Second Schedule.

(2) Except as provided in the Second Schedule, the Commission may regulate its own procedure.

(3) The Commission may invite any person to attend any of its meetings and to participate in its deliberations, but such person shall not have a vote in any decision of the Commission.

Appointment of secretary of the Commission.

6.

(1) The appointment of the secretary to the Commission under Article 250 (12) of the Constitution shall be through a competitive recruitment process and the prior approval of the National Assembly.

(2) A person shall be qualified for appointment under subsection (1) if such person - (a) is a citizen of Kenya; (b) holds a degree from a university recognized in Kenya; (c) has at least ten years experience in human resource management, financial management or public management; and (d) meets the requirements of leadership and integrity set out in Chapter Six of the Constitution.

(3) As the chief executive officer, the secretary shall be responsible to the Commission for- (a) the implementation of functions of the Commission; (b) the formation and development of an efficient administration; and (c) the organization, control and management of staff.

Removal of secretary.

7.

(1) The secretary may be removed from office by the Commission, in accordance with the terms and conditions of service, for - (a) inability to perform the functions of the office arising out of physical or mental incapacity; (b) gross misconduct or misbehaviour; (c) incompetence or negligence of duty; or (d) any other ground that would justify removal from office under the terms and conditions of service.

(2) Before the secretary is removed under subsection (1), the secretary shall be given an opportunity to defend himself or herself against any allegations against him or her.

Secondment of staff.

8.

(1) In addition to the staff appointed by the Commission under Article 252 (1) (c) of the Constitution, the Government may, upon the request by the Commission, second to the Commission such number of public officers as may be necessary for the purposes of the Commission.

(2) A public officer seconded to the Commission shall, during the period of secondment, be deemed to be an officer of the Commission and shall be subject only to the direction and control of the Commission.

The common seal of the Commission.

9.

(1) The common seal of the Commission shall be kept in such custody as the Commission shall direct and shall not be used except on the order of the Commission.

(2) The common seal of the Commission when affixed to a document and duly authenticated shall be judicially and officially noticed and unless the contrary is proved, any necessary order or authorization of the Commission under this section shall be presumed to have been duly given.

PART III FINANCIAL PROVISIONS Funds of the Commission.

0.

(1) The funds of the Commission shall consist of - (a) monies provided by Parliament for the purposes of the Commission; (b) such monies or assets as may accrue to the Commission in the course of the exercise of its powers or the performance of its functions under this Act; and (c) all monies from any other source provided or donated or lent to the Commission.

(2) The receipts, earnings or accruals of the Commission and the balances at the close of each financial year shall not be paid into the Consolidated Fund but shall be retained for purposes of this Act.

Financial year.

1.

The financial year of the Commission shall be the period of twelve months ending on the thirtieth of June in every year.

Annual estimates.

2.

(1) Before the commencement of each financial year, the Commission shall cause to be prepared estimates of the revenue and expenditure of the Commission for that year.

(2) The annual estimates shall make provision for all the estimated expenditure of the Commission for the financial year concerned and in particular, shall provide for the - (a) payment of remuneration in respect of the members of the Commission; (b) payment of salaries and remuneration in respect of staff of the Commission; (c) payment of pensions, gratuities and other charges in respect of benefits which are payable out of the funds of the Commission; (d) maintenance of the buildings and grounds of the Commission; (e) funding of training, research and development of activities of the Commission; and (f) creation of such funds to meet future or contingent liabilities in respect of benefits, insurance or replacement of buildings or installations, equipment and in respect of such other matters as the Commission may think fit.

(3) The annual estimates shall be approved by the Commission before the commencement of the financial year to which they relate and shall be submitted to the Cabinet Secretary for tabling in the National Assembly.

Accounts and Audit.

3.

(1) The Commission shall cause to be kept all proper books and records of account of the income, expenditure, assets and liabilities of the Commission.

(2) Within a period of three months after the end of each financial year, the Commission shall submit to the Auditor General the accounts of the Commission in respect of that year together with - (a) a statement of the income and expenditure of the Commission during that year; and (b) statement of the assets and liabilities of the Commission on the last day of that financial year.

(3) The annual accounts of the Commission shall be prepared, audited and reported upon in accordance with the provisions of Articles 226 and 229 of the Constitution and the Public Audit Act, 2003, No.12 of 2003.

PART IVMISCELLANEOUS PROVISIONS Report of the Commission.

4.(1) The report of the Commission under Article 254 of the Constitution shall, in respect of the financial year to which it relates, contain - (a) the financial statements of the Commission; (b) a description of the activities of the Commission; (c) such other statistical information as the Commission considers appropriate relating to the Commissions functions; and (d) any other information relating to its functions that the Commission considers necessary.

Offences.

5.

A person who - (a) without justification or lawful excuse, obstructs or hinders, or assaults or threatens a member or staff of the Commission acting under this Act; (b) submits false or misleading information; or (c) misrepresents to or knowingly misleads a member or staff of the Commission acting under this Act, commits an offence and is liable to a fine not exceeding three million shillings, or to imprisonment for a term not exceeding five years, or to both.

Regulations.

7 of 2012, s.

59.

6.

(1) The Commission may make regulations generally for the better carrying into effect of any provisions of this Act.

(2) The power to make Regulations shall be exercised only after a draft of the proposed Regulations has been approved by the National Assembly.

Code of conduct.

7.

The Commission shall develop a code of conduct for its members and staff.

Transitional and savings 8.(1) Every person who immediately before the commencement of this Act was an employee of the Government attached to the former Permanent Public Service Remuneration Review Board shall, upon the commencement of this Act be given an option to serve in the Commission and if not appointed by the Commission, be redeployed in the Public Service.

FIRST SCHEDULE (s.

8) OATH/AFFIRMATION OF THE OFFICE OF CHAIRPERSON/A MEMBER/SECRETARY having been appointed (the chairperson to/member of /Secretary to) the Salaries and Remuneration Commission under the Salaries and Remuneration Commission Act, 2011, do swear/ solemnly affirm that I will at all times obey, respect and uphold the Constitution of Kenya and all other laws of the Republic; that I will faithfully and fully, impartially and to the best of my knowledge and ability, perform the functions and exercise the powers devolving upon me by virtue of this appointment without fear, favour, bias, affection, ill-will or prejudice.

(SO HELP ME GOD).

Sworn/Declared by the said Before me this Day of Chief Justice.

SECOND SCHEDULE (s.

15) CONDUCT OF BUSINESS AND AFFAIRS OF THE COMMISSION Meetings.

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(1) The Commission shall have at least four meetings in every financial year and not more than four months shall elapse between one meeting and the next meeting.

(2) Meetings shall be convened by the secretary in consultation with the chairperson and shall be held at such times and such places as the chairperson shall determine.

(3) Unless three quarters of the members otherwise agree, at least seven days notice of a meeting shall be given to every member.

(4) The chairperson shall preside over all meetings and in the absence of the chairperson, by a person elected by the Commission at the meeting for that purpose.

Conflict of interest.

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(1) If any person is present at a meeting of the Commission or any committee at which any matter is the subject of consideration and in which matter that person or that person's spouse is directly or indirectly interested in a private capacity, that person shall as soon as is practicable after the commencement of the meeting, declare such interest and shall not, unless the Commission or committee otherwise directs, take part in any consideration or discussion of, or vote on any question touching such matter.

(2) A disclosure of interest made under subparagraph (1) shall be recorded in the minutes of the meeting at which it is made.

(3) A person who contravenes subparagraph (1) commits an offence and shall be liable, upon conviction to a fine not exceeding five hundred thousand shillings, or to imprisonment for a term not exceeding seven years, or to both.

(4) No member or staff of the Commission shall transact any business or trade with the Commission.

Quorum.

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The quorum of the meeting shall not be less than half of the appointed members with voting rights under article 230 of the Constitution.

Voting.

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A decision of the Commission shall be by a majority of the members present and voting and, in the case of an equality of votes; the person presiding at the meeting shall have a second or casting vote.

Minutes.

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Minutes of all meetings shall be kept and entered in records kept for that purpose.

SUBSIDIARY LEGISLATION L.

N.

2/2013 THE SALARIES AND REMUNERATION COMMISSION (REMUNERATION AND BENEFITS OF STATE AND PUBLIC OFFICERS) REGULATIONS, 2013 PART IPRELIMINARY Citation.

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These Regulations may be cited as the Salaries and Remuneration Commission (Remuneration and Benefits of State and Public Officers) Regulations, 2013.

Interpretation.

In these Regulations, unless the context otherwise requires Commission means the Salaries and Remuneration Commission established under Article 230 of the Constitution; expert means a person with a special skill in or knowledge of a particular field; labour productivity index means rate of output per worker per unit of time as compared with an established standard or expected rate output; organization means public service organization; public office has the meaning assigned to it under Article 260 of the Constitution; public officer has the meaning assigned to it under Article 260 of the Constitution; public service organization means a State organ, a state corporation or national or county government entity and includes any organization in the public service established by law; public service has the meaning assigned to it under Article 260 of the Constitution; review cycle means the period of four years after which, remuneration and benefits for State and public officers are reviewed to allow for budgeting and planning; State officer has the meaning assigned to it under Article 260 of the Constitution; State organ has the meaning assigned to it under Article 260 of the Constitution; Salary and remuneration has the meaning assigned to it under section 2 of the Act; trade union has the meaning assigned to it under section 2 of the Labour Relations Act, 2007, No.

12 of 2007; and unionisable employee has the meaning assigned to it under section 2 of the Labour Relations Act, 2007.

Object and purpose.

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The object and purpose of these Regulations shall be to enable the Commission manage, harmonise and rationalise remuneration and benefits of State and public officers and in particular provide procedure for (a) submission of remuneration and benefits proposals for State and public officers to the Commission; (b) reviewing of remuneration and benefits of State and public officers by the Commission; (c) setting and reviewing of remuneration and benefits for State officers; and (d) advising on remuneration and benefits for all other public officers.

PART IIREVIEW OF REMUNERATION AND BENEFITS AND PROCEDURE FOR SUBMISSION OF PROPOSALS Review cycle.

.(1) The Commission shall undertake a review of remuneration and benefits of State and public officers every four years.

(2) A review under paragraph (1) shall be conducted at the same time across the public sector.

Study to precede review.

.(1) The Commission shall, at least one year before the review, cause the following to be conducted (a) a study on labour market efficiency and dynamics ; (b) a survey of the prevailing economic situation; and (c) a comprehensive job evaluation.

(2) The Commission shall prepare a report on the findings under paragraph (1) and the report shall form the basis for review.

(3) The review shall be communicated to the Cabinet Secretary responsible for matters relating to finance, the Judicial Service Commission, the Parliamentary Service Commission and the national and county governments for inclusion in the subsequent budgetary estimates.

(4) Subject to the budgetary allocations approved by Parliament, a review may be implemented in phases across the public sector.

(5) Despite paragraph (4), an approved review shall vest in full in respect of State or public officers retiring from a public service organization before full implementation.

.

Special review.

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(1) Despite regulation 4, the Commission shall undertake special reviews to (a) ensure attraction and retention of critical or scarce professional skills required to effectively execute the functions of the public service; or (b) compensate for increased cost of living.

(2) A special review under paragraph (1) shall not interrupt or replace the four year review cycle, but its results shall inform the review.

Application to the Commission by a public office.

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(1) Nothing under these Regulations may be construed as precluding a State or public office from making an application, in writing, to the Commission seeking guidance or advice on the remuneration and benefits accruing to its officers.

Procedure for submission of proposals.

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(1) Whenever a review is due, the Commission shall by notice in the Kenya Gazette and at least two daily newspapers with national circulation, call for proposals from every public service organization, on remuneration and benefits for their respective State and public officers.

(2) Submission of proposals under paragraph (1) shall be made (a) in writing; and (b) by the fourth quarter of the third year of the review cycle.

(3) The proposals under this regulation shall be submitted in a predetermined format by the Commission.

PART III FACTORS TO BE CONSIDERED BY PUBLIC SERVICE ORGANIZATIONS WHEN SUBMITTING PROPOSALS TO THE COMMISSION Factors to be considered when preparing and submitting proposals for review.

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(1) When submitting proposals on the review of remuneration and benefits under regulation 4, a public service organization shall take the following factors into account (a) components of remuneration; (b) social, economic and environmental issues; (c) results of job evaluation; (d) key elements and factors of pay for consideration; (e) prevailing market rates from the result of comparative market surveys; (f) existing collective bargaining agreements; (g) specific cost of employment in relation to the resource capacity of the organization; (h) affordability and sustainability of compensation or proposed award to the organization, and available budgetary provisions; (i) performance or the productivity of the employee; (j) benchmark with similar local, regional or international organizations; (k) equity and competitiveness; (l) prevailing labour productivity index; (m) household market rate surveys; and (n) any other matter relevant to determination and advice on remuneration.

(2) In addition to the factors mentioned in paragraph (1), a state corporation or national or county government entity shall also take into account its nature of service, performance or financial turnover.

Factors to be considered when preparing and submitting proposals for allowances and other remunerative benefits.

0.

(1) When submitting proposals on the review of allowances and other remunerative benefits under regulation 4, a public service organization shall take the following factors into account (a) existing legal provisions; (b) comparative market surveys; (c) prevailing market rates; (d) justification for the allowances or benefits; (e) best practices; (f) objectives of the allowances or benefits; (g) impact on salary package; (h) ratio of the allowance or benefits to the salary; (i) affordability and sustainability; (j) prevailing policy on allowances and other remunerative benefits; and (k) any other issue relevant in determination and advice on allowances and other remunerative benefits.

(2) In addition to the factors mentioned in paragraph (1), a state corporation or national or county government entity shall also take into account its nature of service, performance or financial turnover.

Requirement to submit data annually.

1.

Despite regulation 8, a public service organization whether or not it seeks to review remuneration or benefits, is required to submit data of the prevailing remuneration and benefits of its employees annually to the Commission.

PART IVFACTORS TO BE CONSIDERED IN PAY DETERMINATION AND ADVICE AND COMMUNICATION BY THE COMMISSION Factors for pay determination for State Officers and advice on remuneration for other public officers.

2.

In setting and reviewing the remuneration of State Officers and advising on remuneration for other public officers, the Commission shall consider the prevailing (a) fixed and variable components of the remuneration; (b) legal, social, economic and environmental issues; (c) results of job evaluation, performance and productivity; (d) results of market studies; (e) key elements and factors of pay for consideration; (f) market rates from the results of comparative market surveys; (g) collective bargaining agreements; (h) overall and specific cost of employment, relating it to the resource capacity of the organization; (i) affordability and sustainability of compensation or award to Government and within the job market; (j) linkage to the national objectives, priorities and the human resource management strategy; (k) level of performance or productivity of the officer or level of performance and achievement of the national objectives by the organization; (l) salary structures in the public service; (m) benchmark with similar organizations or those organizations to which the organization loses staff to; (n) equity and competitiveness; and (o) any other relevant matter to remuneration setting and advice.

Factors for determination of allowances or benefits for State officers and advising on allowances for other public officers.

3.

(1) In determining and advising on allowances and other remunerative benefits, the Commission shall consider (a) the factors highlighted under Regulations 10 and 12; and (b) any other relevant issue in determination of allowances or benefits.

(2) The Commission shall undertake its mandate through consultations with its stakeholders.

Communication of set remuneration and benefits.

4.

(1) The Commission shall communicate the set remuneration and benefits for State Officers or advice thereon for other public officers not later than the second quarter of the fourth year of the review.

(2) Where a reviewed remuneration or benefit has been approved and is due, it shall be granted with effect from the 1st July of the subsequent financial year after being factored in the national or respective county government budget.

(3) The communication under paragraph (1) shall be by notice in the Gazette.

PART VMISCELLANEOUS Annual increment.

5.

(1) A State or public officer shall be entitled to an annual salary increment based on productivity and performance.

(2) The effective date of an annual increment under paragraph (1) shall be based on the policy of each public service organization.

(3) An annual increment under this regulation shall be awarded at least after one year of service.

Pension reviews.

6.

(1) The Commission shall, in consultation with the National Treasury and other relevant parties, undertake periodic reviews and make recommendations on pensions to compensate for the rise in the cost of living.

(2) Recommendations on pension reviews under paragraph (1) (a) shall be subject to the prevailing economic conditions, affordability and fiscal sustainability; and (b) may be conducted during a salary review for State and public officers.

Hearings.

7.

(1) The Commission may conduct a hearing whenever (a) it considers a request to advise the national or a county government; or (b) it reviews the remuneration for State officers.

(2) The Commission may request for written or oral representations during the hearings.

(3) The Commission may conduct a hearing in any part of the country.

(4) In the conduct of a hearing, the Commission shall consider views from (a) representatives from the organization seeking the advice of the Commission; (b) relevant unions and professional bodies; and (c) members of public.

(5) Nothing under paragraph (4) shall preclude any interested party from submitting views to the Commission during a hearing.

Negotiations with Trade Unions.

8.

(1) The Commission shall not negotiate with a trade union when determining, reviewing or advising on remuneration and benefits of State or public officers.

(2) The management of a public service organization with unionisable employees shall seek the advice of the Commission before the commencement of any collective bargaining process with the respective union on the sustainability of the proposal of the union.

(3) Where the collective bargaining process referred to in paragraph (2) is successful, the management shall, before the signing of the agreement, confirm the fiscal sustainability of the negotiated package with the Commission.

Hiring of an expert.

9.

(1) Where a public service organization seeks to acquire the services of an expert whose remuneration and benefits is likely to be outside the public service remuneration structure, the concerned organization shall refer the issue of the experts remuneration and benefits to the Commission.

(2) An expert referred to under paragraph (1) shall be (a) recruited competitively from the labour market, including the international labour market; and (b) hired for a fixed term of not more than three years and remunerated for the assignment as advised by the Commission.

(3) In determining the remuneration of the expert hired under this regulation, the Commission shall, in addition to the provisions under paragraph (2), take into consideration the (a) prevailing market rate for such expertise; (b) need for such expertise; (c) sustainability of such expertise; (d) duration; and (e) scope of the assignment.

(4) Where the service period of the expert requires extension or the job subsequently takes a permanent nature, the special remuneration package shall cease and the expert shall be paid the prevailing remuneration and benefits package of an equivalent existing position in the public service.

Transition.

0.

A collective bargaining agreement concluded before the commencement of these Regulations but which was not registered and implemented shall be deemed to have been concluded under these Regulations and shall be submitted to the Commission for advice as provided under Article 230 (4)(b) of the Constitution.

Varying of advice.

1.

The advice of the Commission in relation to the remuneration and benefits of all other public officers will hold and only be varied within the provisions of Article 259 (11) of the Constitution.

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