Salaries and Remuneration Commission Act

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

Section 2 provides definitions for terms used in the Act, including "Cabinet Secretary", "Chairperson", "Commission", "public officer", "salary and remuneration", "secretary", and "State Officer".

Members appointed under subsection (1) serve six-year terms and cannot be reappointed.

The Commission must inquire into and advise on salaries and remuneration to be paid out of public funds.

The Commission must be guided by the principle of equal remuneration for work of equal value and must take into account recommendations of previous commissions on public service remuneration.

The Commission may gather information, requisition reports, interview persons, hold inquiries, take measures to harmonize public sector salaries; it may inform itself and receive statements and is not bound by strict rules of evidence.

The Commission may establish committees and may co‑opt people with necessary knowledge and skills into those committees.

The Commission must conduct its business in accordance with the Second Schedule; it may regulate its own procedure; it may invite persons to meetings but those persons shall not have a vote.

The secretary to the Commission must be appointed through a competitive recruitment process with the prior approval of the National Assembly; eligibility requirements include Kenyan citizenship, a recognized university degree, at least ten years’ relevant experience, and meeting Chapter Six leadership and integrity requirements.

The secretary may be removed for incapacity, misconduct, incompetence, negligence or other service-related grounds; before removal the secretary must be given an opportunity to defend against allegations.

The Government may second necessary public officers to the Commission upon the Commission's request; seconded officers are treated as Commission officers and, during secondment, are subject only to the Commission's direction and control.

The provision says the Commission's common seal must be kept in custody as the Commission directs, may only be used on the Commission's order, and when affixed and authenticated will be judicially and officially noticed with necessary orders or authorizations presumed to have been given unless the contrary is proved.

The Commission has the power to acquire, hold, charge and dispose of movable and immovable property.

Certain Commission members are to be nominated by a joint forum of professional bodies, and members (except those under Article 230(2)(d)) must serve full time for a single six-year term.

Sets the qualifications required for appointment of the Chairperson and members.

Nominating bodies must competitively and transparently nominate their representative to the Commission in accordance with section 7; a person is not qualified for certain nominations unless they hold the qualifications in section 5(2).

Sets the nomination procedure: nominating bodies must advertise and invite qualified applicants within 14 days; they must vet, interview and forward two opposite-gender nominees to the Cabinet Secretary; the President and National Assembly have timebound roles for nomination, approval and appointment; the President must ensure gender, regional and disability representation including at least one-third of either gender.

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

The President must notify every resignation, vacancy or termination in the Gazette within fourteen days.

Section 20 lists the Commission's funds (Parliamentary monies; monies or assets accruing to the Commission; and monies from other sources) and requires that the Commission's receipts, earnings or accruals and year-end balances shall not be paid into the Consolidated Fund but shall be retained for the purposes of this Act.

The Commission's financial year is a period of twelve months ending on 30 June each year.

The Commission must prepare annual estimates of its revenue and expenditure before each financial year; it must approve those estimates and submit them to the Cabinet Secretary for tabling in the National Assembly.

The Commission must keep proper books and records of account covering its income, expenditure, assets and liabilities.

The Commission must include specified information in its annual report and must submit that report to the President and Parliament within six months after the end of the relevant year.

It is an offence to, without justification or lawful excuse, obstruct, hinder, assault, or threaten a member or staff of the Commission acting under this Act.

The Commission may make regulations to carry into effect provisions of the Act.

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

Employees who immediately before commencement were attached to the former Permanent Public Service Remuneration Review Board are entitled, on commencement, to be offered the option to serve in the Commission and, if not appointed by the Commission, to be redeployed in the Public Service.