Parliamentary Service Act

Section 1. Short title Section This Act may be cited as the Parliamentary Service Act.

Section 2. Interpretation Section In this Act, unless the context otherwise requires — "Chairperson" includes the vice-Chairperson or any other member of the Commission when discharging the functions of the Chairperson; "Clerk" means the Clerk of the National Assembly or of the Senate, as the case may be; "Commission" means the Parliamentary Service Commission established under Article 127 of the Constitution; "former Commission" means the Parliamentary Service Commission established under section 45B of the former Constitution; "former Constitution" means the Constitution of Kenya in force immediately before 27th August, 2010; "Member" means a Member of Parliament; "office", in relation to the Service, means a paid office as an employee of the Service, not being the office of a member of the Commission, or a part-time office, or an office the emoluments of which are payable at an hourly or daily rate; "officer" or "employee" means any person who holds or acts in any office of the Service otherwise than as a part-time officer or employee and includes the Clerk; "Parliamentary Service Code of Conduct" means the code of conduct prescribed under section 6 ; "Parliamentary Service valu...

Section 3. Object and Purpose of the Act Section provide for further functions and powers of the Commission pursuant to Articles 127(6)(e) and 252(1)(d) of the Constitution;

Section 4. The Parliamentary Service Section 4(1) There is established a service to be known as the Parliamentary Service. Section 4(2) The Service shall be an institution of exemplary administrative and technical competence. Section 4(3) In the performance of their functions, employees of the Service shall not seek or receive directions from any source external to the Service. Section 4(4) Every member of Parliament shall respect the non-partisan and apolitical character of the Service and shall not seek to influence employees of the Service in the discharge of their functions.

Section 5. Parliamentary Service Values Section the fostering of peace;

Section 6. Parliamentary Service Code of Conduct Section 6(1) The Commission may, from time to time, prescribe a Parliamentary Service Code of Conduct. Section 6(2)(a) be patriotic and loyal to Kenya and at all times conduct himself or herself in a manner that promotes the image and interests of the country; Section 6(2)(b) conduct himself or herself with honesty and integrity and act with care and diligence; Section 6(2)(c) use the resources of the nation conscientiously and combat corruption and misuse or wastage of public resources; Section 6(2)(d) respect and observe the law of the land and co-operate with all lawful agencies in the maintenance of law and order; Section 6(2)(e) treat all persons with respect and courtesy and, in particular, protect persons with disabilities and other vulnerable groups against any form of abuse, harassment or ill-treatment; Section 6(2)(f) promote gender equality and respect for the rights and freedoms of others; Section 6(2)(g) preserve and protect the environment and national heritage; Section 6(2)(h) comply with any lawful and reasonable direction given by any person in the Service having authority to give such direction; Section 6(2)(i) main...

Section 7. Complementarity of values and codes of conduct Section The Parliamentary Service values and the Parliamentary Service Code of Conduct provided for in sections 5 and 6 shall be in addition to, and not in derogation from any others that may be specified by or under any other written law in relation to the citizens of Kenya generally.

Section 8. Qualification of Members of the Commission Section the person's experience or interest in consolidating and advancing the ideals and objectives of Parliamentary democracy;

Section 9. Qualifications and procedure for appointment Section 9(1)(a) is a citizen of Kenya; Section 9(1)(b) hold a degree from a university recognized in Kenya; Section 9(1)(c) has at least ten years' experience in public affairs; and Section 9(1)(d) meets the requirements of leadership and integrity in Chapter Six of the Constitution. Section 9(2) The procedure for appointment of the members of the Commission referred to in subsection (1) shall be as set out in the First Schedule.

Section 10. Removal from office Section 10(1)(a) serious violation of the Constitution or of any other law including a contravention of Chapter Six; Section 10(1)(b) gross misconduct, whether in the performance of the member's functions or otherwise; Section 10(1)(c) physical or mental incapacity to perform the functions of office; Section 10(1)(d) incompetence; or Section 10(1)(e) bankruptcy. Section 10(2)(a) the respective House shall appoint a select committee comprising of eleven of its Members to investigate the matter; Section 10(2)(b) the select committee shall within ten days report to the respective House whether it finds the allegations against the member of the Commission to be substantiated. Section 10(3)(a) the allegations against the member of the Commission have not been substantiated, there shall be no further proceedings on the matter; Section 10(3)(b) the Speaker of that House shall inform the Speaker of the other House of the resolution within seven days; and Section 10(3)(b)(i) the Speaker of that House shall inform the Speaker of the other House of the resolution within seven days; and Section 10(3)(b)(ii) the member of the Commission shall continue to perform...

Section 11. Functions of the Commission Section 11(1)(a) direct and supervise the administration of the services and facilities provided by, and exercise budgetary control over, the Service; Section 11(1)(b) determine and review the terms and conditions of service of persons holding or acting in the offices of the Service; Section 11(1)(c) initiate, co-ordinate and harmonize policies and strategies relating to the development of the Service; Section 11(1)(d) for training and capacity building of members and staff of Parliament and other persons; Section 11(1)(d)(i) for training and capacity building of members and staff of Parliament and other persons; Section 11(1)(d)(ii) that promote ideals of parliamentary democracy as set out in Article 127(6)(d) of the Constitution; and Section 11(1)(d)(iii) that promote public awareness and participation in the activities of Parliament; and Section 11(1)(e) do such other things as may be necessary for the well-being of the members and staff of Parliament. Section 11(2)(a) the national values and principles of governance set out in Article 10 of the Constitution; and Section 11(2)(b) the values and principles of public service set out in Artic...

Section 12. Oversight and public participation programmes Section 12(1) Pursuant to Article 118(1)(b) of the Constitution, each Member of Parliament shall facilitate public participation in the legislative and other business of Parliament and its committees through public awareness campaigns in the Member's area of representation. Section 12(2)(a) establish public participation and oversight programmes for his or her area of representation; Section 12(2)(b) hold public hearings on matters of public interest within the area of representation; Section 12(2)(c) facilitate access to information held by the legislature; Section 12(2)(d) facilitate the participation of the communities in the engagement with government departments on financial matters. Section 12(3) Each House of Parliament shall prescribe, in the Standing Orders, the manner of undertaking public participation under this section. Section 12(4) The Commission shall provide services and facilities necessary to actualize the objects of this section.

Section 13. Powers of the Commission as a body corporate Section 13(1)(a) acquire, hold, charge and dispose of movable and immovable property; Section 13(1)(b) the rates of contribution to the scheme; and Section 13(1)(b)(i) the rates of contribution to the scheme; and Section 13(1)(b)(ii) the multiple of the annual basic salary for the group life and group personal accident benefits; and Section 13(1)(c) do or perform all such other things or acts for the proper discharge of its functions under the Constitution, this Act and any written law, as may lawfully be done or performed by a body corporate. Section 13(2) The Commission may, where appropriate and in writing, delegate any power or assign a duty conferred to it under the Constitution or this Act to its members, the Clerks or an officer, body or authority in the parliamentary service. Section 13(3) A delegation or assignment under subsection (2) shall not prevent the Commission from exercising the power in person. Section 13(4)(a) shall be subject to any conditions that the Commission may impose; Section 13(4)(b) shall not divest the Commission of the responsibility concerning the exercise of the powers or the performance of t...

Section 14. Committees of the Commission Section 14(1) The Commission may from time to time establish such committees as may be necessary for the better carrying out of its functions and the exercise of its powers. Section 14(2) The Commission may co-opt into the membership of any of the committees established under subsection (1) any person or persons whose knowledge and skills are necessary for the proper performance of the functions of the Commission. Section 14(3) A person co-opted under subsection (2) shall have no right to vote at any meeting of the committee.

Section 15. Seal of the Commission Section 15(1) The seal of the Commission shall be such device as may be determined by the Commission and shall be kept by the Secretary. Section 15(2) The affixing of the seal shall be authenticated by the secretary or any other person authorized in that behalf by a resolution of the Commission. Section 15(3) Any document purporting to be under the seal of the Commission or issued on behalf of the Commission shall be received in evidence and shall be deemed to be so executed or issued, as the case may be, without further proof, unless the contrary is proved.

Section 16. Conduct of business and affairs of the Commission Section The conduct of business and affairs of the Commission shall be as set out in the Second Schedule.

Section 17. Role of the Secretary Section preparing, planning and facilitating the meetings of the Commission and its committees;

Section 18. Services and facilities for Parliament Section 18(1) The Commission shall, to the extent of its constitutional mandate, be responsible for fulfilment of the provisions under Article 127(6)(a) and (d) of the Constitution and in particular shall formulate policies, regulations, strategies and put in place mechanisms for the provision of such services and facilities as necessary for the effective functioning of Parliament and the well-being of Members and the staff of the Commission. Section 18(2) The Commission shall adopt comprehensive strategic plans that ensure the realization of Article 127(6)(b) and (d) of the Constitution.

Section 19. Outsourcing of services and facilities Section 19(1) The Commission shall ensure availability, accessibility, adaptability and acceptability of services and facilities for use by Members and Staff of Parliament. Section 19(2) The Commission shall put in place adequate infrastructure that would be necessary for provision of service for the well-being of Members and staff of Parliament. Section 19(3) The Commission may provide or designate exclusive use of certain facilities for Members. Section 19(4) The Commission may outsource certain services and facilities for the welfare of Members. Section 19(5) Despite subsection (1), the Commission may take measures to facilitate the use of facilities not available within the precincts of Parliament by Members and Staff of Parliament.

Section 20. Discharge of mandate of Members Section equipping and allocating offices to Members;

Section 21. Enhancing legislative skills Section The Commission shall facilitate the enhancement of legislative skills of Members and staff of Parliament through the provision of structured and continuous training locally or in foreign countries.

Section 22. Use of technology in Parliament Section The Commission shall foster and promote the use of technology in all administrative processes, communication, preparation, dissemination and storage of information and in the relevant day to day function of Parliament.

Section 23. Facilities for Parliamentary Parties Section 23(1) The Commission may provide facilities to a Parliamentary political party or caucus to promote the ideals of the political party or Parliamentary caucus. Section 23(2) For the purposes of subsection (1), the facilities provided shall be for exclusive use by sitting Members.

Section 24. Promotion of the ideals of parliamentary democracy Section 24(1) The Commission may initiate and undertake programmes that promote the ideals of parliamentary democracy. Section 24(2) The Commission may undertake the programmes under section (1) either singly or jointly with domestic and international legislative organs, the Members and staff of such legislative organs and other relevant organisations. Section 24(3) The Commission may, pursuant to international law and treaties, undertake collaborative works with similar institutions that provide parliamentary services in the Commonwealth and other jurisdictions. Section 24(4) For the purposes of attaining the objectives of the programmes under this section, the Commission may enter into memoranda of understanding, contracts or such other agreements as may be authorised from time to time with persons, organisations or other relevant institutions.

Section 25. Qualification for appointment as Clerk Section is a citizen of Kenya;

Section 26. Clerk's term of office Section 26(1) A Clerk of a House of Parliament shall be appointed by the Commission for a term of five years and is eligible for re-appointment for one further term of five years. Section 26(2) Despite subsection (1), if the person appointed as Clerk of a House of Parliament is an employee of the Commission serving on permanent and pensionable terms, the person shall continue serving on permanent and pensionable terms for the duration of the term provided for in subsection (1) or retire from the parliamentary service upon attaining the age of sixty years, whichever is the earlier. Section 26(3) An employee of the Commission serving on permanent and pensionable terms who has served as a Clerk of a House of Parliament and has completed his or her term of office as set out in subsection (1) before attaining the age of sixty years shall be compulsorily retired and is eligible for payment of pension in accordance with the applicable laws.

Section 27. Procedure for appointment Section 27(1) The nomination of a person for appointment as a Clerk for each House of Parliament pursuant to Article 128 of the Constitution shall be done through an open, transparent and competitive recruitment process. Section 27(2) The name of a person nominated by the Commission for appointment as a Clerk of a House of Parliament shall be submitted to the relevant House for approval in accordance with the Standing Orders of that House. Section 27(3) The Commission shall, within seven days of receipt of the resolution of the relevant House approving a person for appointment as a Clerk of a House of Parliament, appoint that person as Clerk of the relevant House.

Section 28. Administrative functions of the Clerks. Section the day-to-day management and functioning of the respective Houses;

Section 29. Procedural functions of the Clerks Section 29(1)(a) rendering expert, non-partisan and impartial advice to the members of the respective House of Parliament on the legislative process, and parliamentary procedure and practice; and Section 29(1)(b) carrying out such other duties and exercising powers as may be conferred on him or her by law or by the Standing Orders and practices of the respective House of Parliament. Section 29(2) In carrying out the functions specified in subsection (1), the Clerk shall be assisted by such other officers of the Service as may be necessary. Section 29(3) Subject to this Act and any other written law, the Clerk shall, in carrying out and exercising the power conferred by the Standing Orders and practices of the respective House of Parliament, be under the direction of the Speaker of the relevant House. Section 29(4) At any time when the office of the Speaker of the relevant House of Parliament is vacant or the holder of the office is unable for any reason to carry out the duties and exercise the powers and functions of his or her office, the Clerk of the relevant House of Parliament shall, during that period and in relation to the carryi...

Section 30. Exercise of functions of a Clerk during vacancy or inability Section If the office of a Clerk of a House of Parliament is vacant, or if for any reason the Clerk is unable to exercise the functions of his or her office, a Deputy Clerk in the relevant House or, in the absence of a Deputy Clerk, any other officer in the Parliamentary Service appointed by the Commission may exercise all the functions, duties and powers of the Clerk.

Section 31. Suspension or removal of a Clerk Section 31(1)(a) inability to perform the functions of the office, whether arising from infirmity of body or mind; Section 31(1)(b) gross misconduct or misbehaviour; Section 31(1)(c) incompetence; Section 31(1)(d) bankruptcy; Section 31(1)(e) violation of the provisions of the Constitution, including Chapter Six of the Constitution; or Section 31(1)(f) violation of the provisions of this Act and any other written law. Section 31(2)(a) frame a charge or charges against the Clerk; Section 31(2)(b) forward the statement of the said charge or charges to the Clerk together with a brief statement of the allegations in support of the charges; Section 31(2)(c) invite the Clerk to respond to the allegations in writing setting out the grounds on which the Clerk relies to exculpate himself or herself; and Section 31(2)(d) invite the Clerk to appear before the Commission, either personally or with an advocate as he or she may opt, on a day to be specified, to exculpate himself or herself. Section 31(3) If the Clerk does not furnish a reply to the charge or charges within the period specified, or if in the opinion of the Commission the Clerk fails to...

Section 32. Offices in the Parliamentary Service Section 32(1) The Commission shall establish such offices in the Parliamentary Service as it considers necessary or expedient for the efficient performance of the functions of the Service. Section 32(2) The offices established under subsection (1) shall be set out in an organisational structure issued by the Commission. Section 32(3)(a) allocate functions to any directorate or department of the Service; and Section 32(3)(b) make such arrangements as appear to the Commission expedient in connection with the creation, division, amalgamation or abolition of any directorate or department of the Service. Section 32(4) The Commission shall, for the purposes of reviewing the organisational structure issued under subsection (2), appoint a reputable human resource firm to advice on the effectiveness and efficiency of the intended review. Section 32(5)(i) the leadership offices in the National Assembly established under Article 108(1) of the Constitution; and Section 32(5)(ii) other leadership offices that may be established in the Houses of Parliament. Section 32(6) The facilitation and strengthening of offices pursuant to subsection (5) shal...

Section 33. Office of joint services Section 33(1) The Commission shall establish an office of joint services. Section 33(2) The office of joint services shall be responsible for the provision of shared services between the two Houses of Parliament as the Commission may determine. Section 33(3) The office of joint services shall be headed by an officer appointed by the Commission on such terms and conditions of service as it may determine. Section 33(4) The provisions of sections 26 , 28 , 35 (2) and 35 (3) shall with the necessary modifications apply to the officer heading the office of joint services.

Section 34. Centre for parliamentary studies and training Section 34(1) The Commission may establish a centre for parliamentary studies and training. Section 34(2)(a) facilitate continuous learning for members and staff of Parliament and other stakeholders; Section 34(2)(b) develop linkages and collaborations with other institutions of learning and professional organizations; Section 34(2)(c) develop and deliver programmes that promote parliamentary democracy, national values and principles of governance and the parliamentary service values; and Section 34(2)(d) perform any function assigned by the Commission or that is necessary, or expedient for the discharge of its functions under this Act. Section 34(3) The centre shall be headed by an officer appointed by the Commission on such terms and conditions as it may determine. Section 34(4) The provisions of sections 26 , 28 , 35 (2) and 35 (3) shall with the necessary modifications, apply to the officer appointed to head the centre for parliamentary studies and training.

Section 35. Parliamentary schemes of service Section 35(1) The Commission shall formulate the Parliamentary Service schemes of service setting out the terms and conditions for the employment of the officers and other staff of the Service. Section 35(2) Each Clerk shall be responsible to the Commission for the administration of the schemes of service for the staff deployed to their respective Houses as contemplated in Article 128(2) of the Constitution. Section 35(3) Each Clerk shall be the authorized officer of the Commission responsible for the discipline of the staff deployed to their respective Houses.

Section 36. Retirement and resignation of employees Section 36(1) An employee shall retire from the Service on attaining the age of sixty years. Section 36(2)(a) after attaining the age of fifty years, elect to retire from the Service at any time; or Section 36(2)(b) in such manner as may be prescribed, resign from the Service at any time.

Section 37. Social security scheme Section shall establish a contributory pension scheme for all its employees;

Section 38. Establishment of the Parliamentary Police Unit Section 38(1) There is established a Parliamentary Police Unit which shall be a specialised police unit under the supervision of the National Police Service and the command of the Inspector-General of the National Police Service. Section 38(2) The Inspector-General shall, by notice in the Gazette , appoint an officer not below the rank of Assistant Inspector-General of the Police to be in charge of the Parliamentary Police Unit. Section 38(3) Officers serving in the Parliamentary Police Unit shall be deployed from the National Police Service by the Inspector-General.

Section 39. Functions of the Parliamentary Police Unit Section maintenance of law and order within the precincts of Parliament;

Section 40. Reports Section The officer in charge of the Parliamentary Police Unit shall make such periodic reports as may be specified in the standard operating procedures to the Commission.

Section 41. Regulations on services and facilities for Members Section 41(1) The Commission may make Regulations generally for the better carrying out of the provisions of this Act. Section 41(2)(a) the priority of allocation of resources available for use by Members; Section 41(2)(b) the criteria for allocation of offices to Members on the basis of ranking, leadership position, persons with disability or other suitable factors; Section 41(2)(c) minimum standards on quality of goods and services provided for use by Members; Section 41(2)(d) minimum standards on equipping of offices of Members; Section 41(2)(e) the conduct of the business of the Commission; Section 41(2)(f) the administrative and management structure for the services and facilities of the Commission in accordance with the principles set out in this Act; Section 41(2)(g) the terms and conditions of service, pension and other retirement benefits of employees; Section 41(2)(h) the procedures for the discipline of the staff of Parliament; Section 41(2)(i) the financial procedures of the Commission; Section 41(2)(j) the orientation and training of Members and staff of Parliament; Section 41(2)(k) the security of Members;...

Section 42. Expenses of the Commission Section 42(1) The expenses of the Commission incurred in the execution of their functions under the Constitution and this Act shall be charged on and issued out of the consolidated fund. Section 42(2) Without prejudice to subsection (1), there may be made to the Commission grants, gifts, donations or bequests towards achievements of the objects of the Commission. Section 42(3) The Commission shall not accept any grant, gifts, donations or bequests made on any condition that the Commission or Parliament performs any function or discharges any duty or obligation other than duties under the Constitution and this Act.

Section 43. Legal proceedings against the Commission Section 43(1) Proceedings against the Commission shall be commenced in the name of the Commission. Section 43(2) Any notice or other processes in respect of legal proceedings under subsection (1) shall be served upon the Secretary to the Commission.

Section 44. Annual report of operations of the Commission Section 44(1) Within three months after the end of each financial year, the Commission shall prepare and lay before Parliament, a report of its operations during that year. Section 44(2)(a) the activities the Commission has undertaken; Section 44(2)(b) an evaluation on the extent to which the values and principles referred to in Articles 10 and 232 of the Constitution are complied with in the public service; Section 44(2)(c) information relating to performance of the Parliamentary Service and attendant challenges; and Section 44(2)(d) any other information that the Commission may consider relevant. Section 44(3) The Commission shall hold bi-annual sessions with each House of Parliament on the status of implementation of Article 127(6) of the Constitution.

Section 45. Designated member may present documents, etc., in Parliament Section lay before Parliament any document or other matter;

Section 46. Oath of office for members and staff of the Commission Section 46(1) The vice-chairperson and members shall, before assuming office, take and subscribe to the oath or affirmation of office prescribed in the Third Schedule. Section 46(2) The Secretary and such other officers of the Commission as the Commission may require so to do, shall, on first appointment, take an oath in the form prescribed in the Third Schedule to this Act. Section 46(3) Where any person required to take an oath has no religious belief or the taking of such oath is contrary to his religious belief, he or she may make and subscribe a solemn affirmation in the form of the oath appointed substituting the words "solemnly and sincerely declare and affirm" for the word "swear" and omitting the words "So help me God". Section 46(4) Every oath or affirmation taken by the vice-chairperson, a member, the Secretary, or any other officer pursuant to this section shall be administered by the chairperson.

Section 47. Power to order attendance of witnesses Section The Commission or any committee thereof may, subject to section 51 , order any person to attend before it and to give evidence or to produce any paper, book, record or document in the possession or under the control of that person.

Section 48. Privileges of witnesses Section Every person summoned to attend to give evidence or to produce any paper, book, record or document before the Commission or a committee thereof shall be entitled, in respect of that evidence or the disclosure of any communication or the production or any paper, book, record or document to the same right or privilege as before a court of law.

Section 49. Evidence of proceedings in the Commission not to be given without leave Section 49(1) A member or an officer of the Commission or any person employed to take minutes or evidence before the Commission or any committee shall not give evidence elsewhere in respect of the contents of those minutes or evidence or of the contents of any document laid before the Commission or that committee or in respect of any proceedings or examination held before the Commission or that committee without special leave first obtained from the chairperson. Section 49(2) The special leave referred to in subsection (1) may be given by the vice-chairperson in the absence or other incapacity of the chairperson.

Section 50. Protection of members and staff of the Commission Section 50(1) Any act or thing done by any member of the Commission or by any officer or servant of the Commission shall not, if the act or thing was done in good faith for the purposes of carrying out this Act into effect, subject him or her personally to any liability, action, claim or demand whatsoever. Section 50(2) The provisions of subsection (1) shall not relieve the Commission of the liability to pay compensation or damages to any person for an injury suffered by them, their property, or any of their interests arising directly or indirectly from the exercise of any power conferred by this Act.