LAWS OF KENYA CONSTITUTIONAL OFFICES (REMUNERATION) ACT CHAPTER 423 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.
423 Constitutional Offices (Remuneration) CHAPTER 423 CONSTITUTIONAL OFFICES (REMUNERATION) ACT ARRANGEMENT OF SECTIONS Section 1.
Short title.
2.
Salaries and allowances for certain offices under the Constitution.
3.
Repealed.
4.
Other allowances.
5.
Exemption from income tax.
6.
Validation of increments.
SCHEDULE SALARY SCALES 3 [Issue 1] [Rev.
2012] CAP.
423 Constitutional Offices (Remuneration) CHAPTER 423 CONSTITUTIONAL OFFICES (REMUNERATION) ACT [Date of assent: 27th December, 1968.] [Date of commencement: 30th December, 1968.] An Act of Parliament to fix the salaries and allowances of persons holding certain offices provided for in the Constitution [Act No.
64 of 1968, Act No.
8 of 1972, Act No.
4 of 1973, Act No.
7 of 1975, Act No.
6 of 1976, Act No.
16 of 1977, Act No.
3 of 1981, Act No.
14 of 1985, Act No.
6 of 1986, Act No.
8 of 2000, Act No.
2 of 2002, Act No.
7 of 2007, Act No.
6 of 2009.] 1.
Short title This Act may be cited as the Constitutional Offices (Remuneration) Act.
2.
Salaries and allowances for certain offices under the Constitution (1) The salaries to be paid to the holders of the offices specified in the first column of the Schedule, being the offices mentioned in section 104 of the Constitution, shall, with effect from the 1st July, 2008, be at the annual salary scales specified in relation to those offices in the second column of that Schedule: Provided that where a salary scale is specified, the holder of the office shall be paid such salary, within the scale, as the President may determine having regard to (a) the seniority of the various office holders, based on the number of years served in a particular office; and (b) the differences in skills, workload and accountabilities attached to each office.
(2) The holders of the offices specified in the first column of the Schedule shall be paid such allowances as may be determined from time to time by the President.
[Act No.
14 of 1985, s.
2, Act No.
8 of 2000, s.
2, Act No.
2 of 2002, Sch., Act No.
7 of 2007, Sch., Act No.
6 of 2009, Sch.] 3.
Repealed by Act No.
8 of 2000, s.
3.
4.
Other allowances Nothing contained in this Act shall preclude the payment to the holder of the office specified in the first column of the Schedule any allowance not mentioned or determined in accordance with this Act which he is eligible to receive other than by virtue of this Act.
[Act No.
14 of 1985, s.
3.] 5.
Exemption from income tax All allowances payable to the holder of the offices specified in the first column of the Schedule shall be exempt from income tax notwithstanding the provisions of any other written law relating to income tax.
[Act No.
6 of 1986, s.
3.] 5 [Issue 1] CAP.
423 [Rev.
2012] Constitutional Offices (Remuneration) 6.
Validation of increments Notwithstanding the provisions of this Act or of any other written law, any increments in the salaries paid to the holders of any of the offices specified in the first column of the Schedule, between the 1st July, 1985 and the date of commencement of this section shall be deemed to be in accordance with the provisions of this Act.
[Act No.
8 of 2000, s.
4.] SCHEDULE [Act No.
8 of 1972, Act No.
4 of 1973, Act No.
7 of 1975, Act No.
6 of 1976, Act No.
16 of 1977, Act No.
3 of 1981, Act No.
14 of 1985, s.
4, Act No.
6 of 1986, s.
2, Act No.
8 of 2000, s.
5, Act No.
2 of 2002, Sch., Act No.
6 of 2009, Sch.] SALARY SCALES Office Salary Scale or Rate Attorney-General.
Band A1 Chief Justice.
Band A1 Judge of Appeal.
Band A2 Puisne Judge.
Band A3 Controller and Auditor-General.
Band A2 Chairman, Public Service Commission.
Band A2 Deputy Chairman, Public Service Commission.
Band A3 Member, Public Service Commission.
Band A3 Chairman, Interim Independent Electoral Commission.
Band A2 Vice-Chairman, Interim Independent Electoral Commission.
Band A3 Member, Interim Independent Electoral Commission.
Band A3 Salary Scale Band A1 means a salary scale commencing at Ksh.
399,440 per month, increasing by Ksh.
39,940 per annum to Ksh.
439,380 per month; thereafter increasing by Kshs.
43,140 per annum to Ksh.
482,520 per month; thereafter increasing by Ksh.
49,140 per annum to Ksh.
531,660 per month; thereafter increasing by Ksh.
55,140 per annum to Ksh.
586,800 per month; thereafter increasing by Ksh.
61,140 per annum to Ksh.
647,940 per month; thereafter increasing by Ksh.
67,140 per annum to Ksh.
916,500 per month.
Salary Scale Band A2 means a salary scale commencing at Ksh.
292,765 per month, increasing by Ksh.
19,320 per annum to Ksh.
312,085 per month; thereafter increasing by Ksh.
21,055 per annum to Ksh.
333,140 per month; thereafter increasing by Ksh.
22,950 per annum to Ksh.
356,090 per month; thereafter increasing by Ksh.
25,015 per annum to Ksh.
406,120 per month; thereafter increasing by Ksh.
30,000 per annum to Ksh.
436,120 per month; thereafter increasing by Ksh.
35,000 per annum to Ksh.
576,120 per month.
[Issue 1] 6 [Rev.
2012] CAP.
423 Constitutional Offices (Remuneration) SCHEDULEcontinued Salary Scale Band A3 means a salary scale commencing at Ksh.
232,960 per month, increasing by Ksh.
13,930 per annum to Ksh.
246,890 per month; thereafter increasing by Ksh.
15,170 per annum to Ksh.
262,060 per month; thereafter increasing by Ksh.
16,575 per annum to Ksh.
295,210 per month; thereafter increasing by Ksh.
17,872 per annum to Ksh.
366,698 per month; thereafter increasing by Ksh.
18,654 per annum to Ksh.
441,314 per month; thereafter increasing by Ksh.
20,002 per annum to Ksh.
481,318 per month.
7 [Issue 1].