Parliamentary Service Act

This Act may be cited as the Parliamentary Service Act.

This section provides definitions of terms used in the Act, such as Chairperson, Clerk, Commission, Member, office, officer or employee, Parliamentary Service Code of Conduct, Parliamentary Service values, Secretary, Service, services and facilities, and Speaker.

This section provides for further functions and powers of the Commission pursuant to Articles 127(6)(e) and 252(1)(d) of the Constitution.

Establishes the Parliamentary Service; requires the Service to be of exemplary administrative and technical competence; prohibits Service employees from taking directions from external sources; requires members of Parliament to respect the Service's non-partisan character and not to influence its employees.

Parliamentary Service values include "the fostering of peace".

The Commission may prescribe a Parliamentary Service Code of Conduct.

The Parliamentary Service values and the Parliamentary Service Code of Conduct (sections 5 and 6) must be additional to, and must not derogate from, any other written law applicable to citizens of Kenya generally.

Sets grounds and procedure for removing a member of the Commission: specific grounds for removal; the respective House must appoint an eleven-member select committee to investigate; the committee must report within ten days; if allegations are unsubstantiated proceedings stop; the Speaker must inform the other House within seven days; the member continues in office pending proceedings; if both Houses pass the motion in the same form the member is removed.

The Commission must perform the listed functions including supervising services and facilities, budgetary control, determining terms and conditions of service, policy coordination, training and capacity building (including promotion of parliamentary democracy and public participation), and other actions for the well-being of members and staff; it must also reflect specified constitutional values and public service principles.

Members of Parliament must facilitate public participation in parliamentary business; each House must set the procedure in Standing Orders; and the Commission must provide services and facilities to implement this section.

Section 13 grants the Parliamentary Service Commission corporate powers (including acquiring and disposing of property and performing acts for its functions) and permits the Commission to delegate powers or assign duties in writing where appropriate; the Commission retains responsibility and may withdraw delegations or decisions.

The Commission may establish committees and co-opt persons into committee membership; co-opted persons have no right to vote.

The Commission decides the design of its seal; the seal is kept by the Secretary; affixing must be authenticated by the Secretary or a person authorized by Commission resolution; documents under the seal are admissible as properly executed unless shown otherwise.

The Commission's conduct of business and affairs must follow the Second Schedule.

Secretary: preparing, planning and facilitating the meetings of the Commission and its committees.

A qualification criterion references a person's experience or interest in consolidating and advancing the ideals and objectives of Parliamentary democracy.

Lists qualifications for appointment to the Commission: (a) citizen of Kenya; (b) holds a degree from a university recognized in Kenya; (c) at least ten years' experience in public affairs; (d) meets the leadership and integrity requirements in Chapter Six of the Constitution.

The Commission must, within its constitutional mandate, ensure provision of services and facilities for Parliament by formulating policies, regulations and strategies, putting mechanisms in place, and adopting comprehensive strategic plans to realize Article 127(6)(b) and (d).

The Commission must ensure services and facilities for Members and Staff of Parliament and may provide exclusive facilities, outsource services, and arrange use of off‑precinct facilities.

Provides for discharge of the mandate of Members and for equipping and allocating offices to Members.

The Commission must facilitate improving Members' and staff's legislative skills by providing structured, continuous training locally or abroad.

The Commission must foster and promote use of technology in parliamentary administrative processes, communication, preparation, dissemination and storage of information, and in day-to-day functions of Parliament.

The Commission may provide facilities to a Parliamentary political party or caucus to promote its ideals, and those facilities shall be for exclusive use by sitting Members.

The Commission may run programmes to promote parliamentary democracy, alone or jointly with other legislative bodies and organisations, and may collaborate internationally under treaties.

Qualification for appointment as Clerk: is a citizen of Kenya.

The Commission appoints a Clerk of a House of Parliament for five years; the Clerk may be re-appointed for one further five-year term. An appointed Clerk who is a Commission employee on permanent and pensionable terms must either continue on those terms for the appointment's duration or retire upon reaching sixty; a Commission employee who has completed a Clerk term before turning sixty must be compulsorily retired and may be eligible for pension.

The Commission must appoint a person approved by the relevant House as Clerk of that House within seven days of receiving the House's approving resolution.

The Clerks: administrative functions — the day-to-day management and functioning of the respective Houses.

Section 29 defines procedural functions of the Clerks: the Clerk must render expert, non-partisan and impartial advice to members on legislative process and parliamentary procedure; must carry out other duties and exercise powers conferred by law or Standing Orders; shall be assisted by other officers as necessary; and is under the direction of the Speaker (or the Deputy Speaker when the Speaker is vacant or unable).

If the Clerk's office is vacant or the Clerk cannot act, a Deputy Clerk (or, if none, another Parliamentary Service officer appointed by the Commission) may exercise all functions, duties and powers of the Clerk.

The Commission shall remove the Clerk from office if the Clerk fails to reply to charges within the specified period or fails to exculpate themself.

The Commission must establish offices in the Parliamentary Service it considers necessary or expedient, set those offices out in an organisational structure issued by the Commission, and appoint a reputable human resource firm to advise on reviews of that structure.

The Commission must establish an office of joint services; that office must provide shared services between the two Houses of Parliament; the Commission must appoint an officer to head it on terms and conditions it determines.

The Commission may establish a centre for parliamentary studies and training; the centre is to be headed by an officer appointed by the Commission, and that officer is subject to sections 26, 28, 35(2) and 35(3) with necessary modifications.

The Commission must create Parliamentary Service schemes of service; each Clerk is responsible to the Commission for administering those schemes for staff in their House and is the authorized officer responsible for discipline.

Employees must retire from the Service when they reach sixty years of age.

Section shall establish a contributory pension scheme for all its employees.

The Inspector-General must appoint an officer (not below Assistant Inspector-General) to be in charge of the Parliamentary Police Unit by notice in the Gazette, and must deploy officers for the Unit from the National Police Service.

The Parliamentary Police Unit is responsible for maintenance of law and order within the precincts of Parliament.

The officer in charge of the Parliamentary Police Unit must make periodic reports to the Commission as specified in the standard operating procedures.

The Commission may make regulations to carry out this Act, including regulations on a listed set of services and facilities for Members, subject to the limitation that the authority is confined to bringing into effect the provisions and objectives of the Act.

Commission expenses are charged on the consolidated fund; the Commission may receive grants and similar contributions; the Commission must not accept any grant, gift, donation or bequest that is conditional on the Commission or Parliament performing functions or discharging duties beyond those in the Constitution and this Act.

Proceedings against the Commission must be started in the Commission's name, and notices or other processes in such proceedings must be served on the Secretary to the Commission.

The Commission must, within three months after each financial year ends, prepare and lay before Parliament an annual report of its operations and must include specified items; it must also hold bi-annual sessions with each House of Parliament on implementation of Article 127(6).

A designated member may present or lay before Parliament any document or other matter.

Members, the vice-chairperson, the Secretary and specified officers must take prescribed oaths or affirmations; persons with no or conflicting religious belief may instead make a solemn affirmation; the chairperson must administer these oaths or affirmations.

The Commission or any committee may order a person to attend, give evidence, or produce documents, subject to section 51.

A person summoned to give evidence or produce documents before the Commission (or its committee) is entitled to the same rights or privileges as they would have in a court of law.

Members, officers, and persons taking minutes or evidence before the Commission or its committees must not give evidence elsewhere about those minutes, evidence, documents laid before the Commission, or proceedings or examinations held before the Commission or its committees unless they first obtain special leave from the chairperson; the vice-chairperson may give that leave if the chairperson is absent or incapacitated.

Members, officers and servants of the Commission are not personally liable for acts done in good faith to carry out this Act; the Commission remains liable to pay compensation or damages for injury arising from exercise of its powers.

Persons are prohibited from producing or disclosing communications involving the Commission in legal proceedings except as allowed by this section; members and employees of the Commission must sign confidentiality agreements.

Section 52 lists various offences relating to providing false or misleading information, improper disclosure of documents, unlawful publication of information, unlawful influence of Commission decisions, failure to comply with Commission orders for attendance or production of documents, and refusal to be examined or answer lawful questions.

The Commission may make provision for examinations and appoint selection, promotion or other boards; such boards may include persons who are not Commission members.

Section titled "Diplomatic passports" that mentions the Speakers of the Houses.

Transitional rules deem existing property, rights, liabilities and arrangements of the former Commission to vest in the Commission on commencement and provide for continuation of proceedings, schemes, and offices as if under this Act.