Salaries and Remuneration Commission Act

Section 1. Short title Section This Act may be cited as the Salaries and Remuneration Commission Act.

Section 2. Interpretation Section 2(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. Section 2(2) spent

Section 3. Powers of the Commission as a body corporate Section acquire, hold, charge and dispose of movable and immovable property; and

Section 4. Appointment of Chairperson and members Section 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. Section 4(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. Section 4(3) The Chairperson and members other than those appointed under Article 230 (2)(d) shall serve on a full time basis for a non-renewable term of six years. [Act No. 4 of 2018 , Sch.]

Section 5. Qualification for appointment of Chairperson and members Section 5(1)(a) holds a degree from a university recognized in Kenya; Section 5(1)(b) public management; Section 5(1)(b)(i) public management; Section 5(1)(b)(ii) finance and administration; Section 5(1)(b)(iii) human resource management; Section 5(1)(b)(iv) economics; or Section 5(1)(b)(v) labour laws; Section 5(1)(c) has knowledge of labour market trends in Kenya as relates to income in the public and private sector; Section 5(1)(d) meets the requirements of Chapter Six of the Constitution; and Section 5(1)(e) has had a distinguished career in their respective fields. Section 5(2)(a) holds a degree from a university recognized in Kenya; Section 5(2)(b) finance and administration; Section 5(2)(b)(i) finance and administration; Section 5(2)(b)(ii) public management; Section 5(2)(b)(iii) economics; Section 5(2)(b)(iv) human resource management; or Section 5(2)(b)(v) labour laws; Section 5(2)(c) meets the requirements of Chapter Six of the Constitution; and Section 5(2)(d) has had a distinguished career in their respective fields. Section 5(3)(a) is a member of Parliament or County Assembly; Section 5(3)(b) is a memb...

Section 6. Nomination of members Section 6(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 . Section 6(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).

Section 7. Procedure for nominations Section 7(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. Section 7(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. Section 7(3) Deleted by ActNo. 4 of 2018, Sch. Section 7(4) Deleted by ActNo. 4 of 2018, Sch. Section 7(5) Deleted by ActNo. 4 of 2018, Sch. Section 7(6) Deleted by ActNo. 4 of 2018, Sch. Section 7(7) Deleted by ActNo. 4 of 2018, Sch. Section 7(8) Deleted by ActNo. 4 of 2018, Sch. Section 7(9) Deleted by ActNo. 4 of 2018, Sch. Section 7(10) T...

Section 8. Oath of office Section 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.

Section 9. Vacancy in office of Chairperson or member Section 9(1)(a) dies; Section 9(1)(b) by notice in writing addressed to the President resigns from office; Section 9(1)(c) is removed from office under any of the circumstances specified in Article 251 and Chapter Six of the Constitution. Section 9(2) The President shall notify every resignation, vacancy or termination in the Gazette within fourteen days.

Section 10. Filling of vacancy Section 10(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. Section 10(2) A member appointed under subsection (1) shall serve for a term of six years but shall not be eligible for reappointment.

Section 11. Functions of the Commission Section inquire into and advise on the salaries and remuneration to be paid out of public funds;

Section 12. Guiding principles for the Commission Section 12(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. Section 12(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.

Section 13. Powers of the Commission Section 13(1)(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; Section 13(1)(b) interview any individual, group or members of organizations or institutions and, at the Commission's discretion, conduct such interviews; Section 13(1)(c) hold inquiries for the purposes of performing its functions under this Act; Section 13(1)(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. Section 13(2)(a) may inform itself in such manner as it thinks fit; Section 13(2)(b) may receive written or oral statements from any person, governmental or non-governmental agency; and Section 13(2)(c) shall not be bound by the strict rules of evidence.

Section 14. Committees of the Commission Section 14(1) The Commission may, from time to time, establish committees for the effective discharge of its functions. Section 14(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.

Section 15. Procedures of the Commission Section 15(1) The business and affairs of the Commission shall be conducted in accordance with the Second Schedule. Section 15(2) Except as provided in the Second Schedule, the Commission may regulate its own procedure. Section 15(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.

Section 16. Appointment of secretary of the Commission Section 16(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. Section 16(2)(a) is a citizen of Kenya; Section 16(2)(b) holds a degree from a university recognized in Kenya; Section 16(2)(c) has at least ten years’ experience in human resource management, financial management or public management; and Section 16(2)(d) meets the requirements of leadership and integrity set out in Chapter Six of the Constitution. Section 16(3)(a) the implementation of functions of the Commission; Section 16(3)(b) the formation and development of an efficient administration; and Section 16(3)(c) the organization, control and management of staff.

Section 17. Removal of secretary Section 17(1)(a) inability to perform the functions of the office arising out of physical or mental incapacity; Section 17(1)(b) gross misconduct or misbehaviour; Section 17(1)(c) incompetence or negligence of duty; or Section 17(1)(d) any other ground that would justify removal from office under the terms and conditions of service. Section 17(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.

Section 18. Secondment of staff Section 18(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. Section 18(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.

Section 19. The common seal of the Commission Section 19(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. Section 19(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.

Section 20. Funds of the Commission Section 20(1)(a) monies provided by Parliament for the purposes of the Commission; Section 20(1)(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 Section 20(1)(c) all monies from any other source provided or donated or lent to the Commission. Section 20(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.

Section 21. Financial year Section The financial year of the Commission shall be the period of twelve months ending on the thirtieth of June in every year.

Section 22. Annual estimates Section 22(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. Section 22(2)(a) payment of remuneration in respect of the members of the Commission; Section 22(2)(b) payment of salaries and remuneration in respect of staff of the Commission; Section 22(2)(c) payment of pensions, gratuities and other charges in respect of benefits which are payable out of the funds of the Commission; Section 22(2)(d) maintenance of the buildings and grounds of the Commission; Section 22(2)(e) funding of training, research and development of activities of the Commission; and Section 22(2)(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. Section 22(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.

Section 23. Accounts and Audit Section 23(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. Section 23(2)(a) a statement of the income and expenditure of the Commission during that year; and Section 23(2)(b) statement of the assets and liabilities of the Commission on the last day of that financial year. Section 23(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 (Cap. 412B).

Section 24. Report of the Commission Section 24(1)(a) the financial statements of the Commission; Section 24(1)(b) a description of the activities of the Commission; Section 24(1)(c) such other statistical information as the Commission considers appropriate relating to the Commission’s functions; and Section 24(1)(d) any other information relating to its functions that the Commission considers necessary. Section 24(1A) The Commission shall submit the annual report in subsection (1) to the President and Parliament within six months after the end of the year to which it relates. [Act No. 19 of 2023, Sch.]

Section 25. Offences Section without justification or lawful excuse, obstructs or hinders, or assaults or threatens a member or staff of the Commission acting under this Act;

Section 26. Regulations Section 26(1) The Commission may make regulations generally for the better carrying into effect of any provisions of this Act. Section 26(2) The power to make Regulations shall be exercised only after a draft of the proposed Regulations has been approved by the National Assembly. [Act No. 57 of 2012 , s. 59.]

Section 27. Code of conduct Section The Commission shall develop a code of conduct for its members and staff.

Section 28. Transitional and savings Section 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.