Kenya Act or statute

Parliament of Kenya

Parliamentary Service Act

Jurisdiction: Kenya
Structure: 55 provisions
Citation: Cap. 186
Dates: As at 31 Dec 2022

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Dates: As at 31 Dec 2022

Source attribution: Source: Kenya Law

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Purpose and legislative effect

“This Act may be cited as the 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".

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PRELIMINARY - 1. Short title

This Act may be cited as the Parliamentary Service Act.

Section 1

PARLIAMENTARY SERVICE COMMISSION - 17. Role of the Secretary

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

Section 17

THE CLERKS AND OTHER OFFICES - 28. Administrative functions of the Clerks.

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

Section 28

MISCELLANEOUS PROVISIONS - 42. Expenses of the Commission

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…

Section 42

MISCELLANEOUS PROVISIONS - 56. Transitional provisions

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.

Section 56

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Showing 55 of 55 provisions

Provision 47Interpretation 2Commencement 2Short title

Part I

PRELIMINARY

§ 1PRELIMINARY - 1. Short titleShort title

This Act may be cited as the Parliamentary Service Act.

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

Section 1Verify source

§ 2PRELIMINARY - 2. InterpretationInterpretation

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.

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 values" means the values specified in or under section 5 ; "Secretary" means the Clerk of the Senate as stipulated in Article 127(3) of the Constitution; "Service" means the Parliamentary Service established by section 4 ; "services and facilities" includes all means by which members and staff of Parliament are officially assisted in performing their parliamentary duties; and "Speaker" means the Speaker of the National Assembly or of the Senate, as the case may be.

Section 2Verify source

§ 3PRELIMINARY - 3. Object and Purpose of the ActProvision

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

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 3Verify source

Part II

THE PARLIAMENTARY SERVICE

§ 4THE PARLIAMENTARY SERVICE - 4. The Parliamentary ServiceProvision

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.

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 4Verify source

§ 5THE PARLIAMENTARY SERVICE - 5. Parliamentary Service ValuesProvision

Parliamentary Service values include "the fostering of peace".

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

Section 5Verify source

§ 6THE PARLIAMENTARY SERVICE - 6. Parliamentary Service Code of ConductProvision

The Commission may prescribe a Parliamentary Service Code of Conduct.

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) maintain appropriate confidentiality about dealings that the employee has with Parliament, its committees, its members and its staff (including employees of members, if any); Section 6(2)(j) disclose, and take reasonable steps to avoid, any conflict of interest (real or apparent) in connection with the Service; Section 6(2)(k) not provide false or misleading information in response to a request for information that is made for official purposes; Section 6(2)(l) any information obtained through or in connection with the office of such employee and which is not yet made available to the public; or Section 6(2)(l)(i) any information obtained through or in connection with the office of such employee and which is not yet made available to the public; or Section 6(2)(l)(ii) the employee's duties, status, power or authority, in order to gain, or seek to gain, a benefit or advantage for him or herself or for anyone else; Section 6(2)(m) conduct himself or herself in a manner that upholds the letter and spirit of the values and the integrity and good reputation of the Service; Section 6(2)(n) while on duty overseas, conduct himself or herself in a manner that promotes the good image of Kenya; and Section 6(2)(o) comply with any other requirements of conduct as may be prescribed by the Commission.

Section 6Verify source

§ 7THE PARLIAMENTARY SERVICE - 7. Complementarity of values and codes of conductProvision

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.

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 7Verify source

Part III

PARLIAMENTARY SERVICE COMMISSION

§ 10PARLIAMENTARY SERVICE COMMISSION - 10. Removal from officeProvision

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.

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 the functions of the office pending the outcome of the proceedings under this section. Section 10(4) The procedure prescribed in subsections (1), (2) and (3) shall apply with the necessary modifications to the consideration of the Motion for removal of a member of the Commission by the other House. Section 10(5) If both Houses pass the motion in the same form, the member of the Commission shall stand removed.

Section 10Verify source

§ 11PARLIAMENTARY SERVICE COMMISSION - 11. Functions of the CommissionProvision

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.

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 Article 232(1) of the Constitution.

Section 11Verify source

§ 12PARLIAMENTARY SERVICE COMMISSION - 12. Oversight and public participation programmesProvision

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 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 12Verify source

§ 13PARLIAMENTARY SERVICE COMMISSION - 13. Powers of the Commission as a body corporateAmendment

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.

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 the duty delegated; and Section 13(4)(c) may be withdrawn, and any decision made by the person to whom the delegation is made may be withdrawn or amended by the Commission.

Section 13Verify source

§ 14PARLIAMENTARY SERVICE COMMISSION - 14. Committees of the CommissionProvision

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

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 14Verify source

§ 15PARLIAMENTARY SERVICE COMMISSION - 15. Seal of the CommissionProvision

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.

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 15Verify source

§ 16PARLIAMENTARY SERVICE COMMISSION - 16. Conduct of business and affairs of the CommissionProvision

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

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 16Verify source

§ 17PARLIAMENTARY SERVICE COMMISSION - 17. Role of the SecretaryProvision

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

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

Section 17Verify source

§ 8PARLIAMENTARY SERVICE COMMISSION - 8. Qualification of Members of the CommissionProvision

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

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 8Verify source

§ 9PARLIAMENTARY SERVICE COMMISSION - 9. Qualifications and procedure for appointmentProvision

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.

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 9Verify source

Part IV

SERVICES AND FACILITIES FOR PARLIAMENT

§ 18SERVICES AND FACILITIES FOR PARLIAMENT - 18. Services and facilities for ParliamentProvision

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).

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 18Verify source

§ 19SERVICES AND FACILITIES FOR PARLIAMENT - 19. Outsourcing of services and facilitiesProvision

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.

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 19Verify source

§ 20SERVICES AND FACILITIES FOR PARLIAMENT - 20. Discharge of mandate of MembersProvision

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

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

Section 20Verify source

§ 21SERVICES AND FACILITIES FOR PARLIAMENT - 21. Enhancing legislative skillsProvision

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

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 21Verify source

§ 22SERVICES AND FACILITIES FOR PARLIAMENT - 22. Use of technology in ParliamentProvision

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.

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 22Verify source

§ 23SERVICES AND FACILITIES FOR PARLIAMENT - 23. Facilities for Parliamentary PartiesProvision

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.

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 23Verify source

§ 24SERVICES AND FACILITIES FOR PARLIAMENT - 24. Promotion of the ideals of parliamentary democracyProvision

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

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 24Verify source

Part V

THE CLERKS AND OTHER OFFICES

§ 25THE CLERKS AND OTHER OFFICES - 25. Qualification for appointment as ClerkProvision

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

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

Section 25Verify source

§ 26THE CLERKS AND OTHER OFFICES - 26. Clerk's term of officeProvision

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.

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 26Verify source

§ 27THE CLERKS AND OTHER OFFICES - 27. Procedure for appointmentProvision

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.

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 27Verify source

§ 28THE CLERKS AND OTHER OFFICES - 28. Administrative functions of the Clerks.Provision

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

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

Section 28Verify source

§ 29THE CLERKS AND OTHER OFFICES - 29. Procedural functions of the ClerksProvision

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).

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 carrying out of the duties and exercise of the powers and functions referred to in this section, be under the direction of the Deputy Speaker of that House.

Section 29Verify source

§ 30THE CLERKS AND OTHER OFFICES - 30. Exercise of functions of a Clerk during vacancy or inabilityProvision

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.

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 30Verify source

§ 31THE CLERKS AND OTHER OFFICES - 31. Suspension or removal of a ClerkProvision

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.

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 exculpate himself or herself, the Commission shall remove the Clerk from office.

Section 31Verify source

§ 32THE CLERKS AND OTHER OFFICES - 32. Offices in the Parliamentary ServiceProvision

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.

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) shall take into account the respective roles of the Houses of Parliament as set out in Articles 95 and 96 of the Constitution and the order of precedence set out in Article 108(4) of the Constitution.

Section 32Verify source

§ 33THE CLERKS AND OTHER OFFICES - 33. Office of joint servicesProvision

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.

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 33Verify source

§ 34THE CLERKS AND OTHER OFFICES - 34. Centre for parliamentary studies and trainingProvision

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.

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.

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§ 35THE CLERKS AND OTHER OFFICES - 35. Parliamentary schemes of serviceProvision

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.

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.

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§ 36THE CLERKS AND OTHER OFFICES - 36. Retirement and resignation of employeesProvision

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

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.

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§ 37THE CLERKS AND OTHER OFFICES - 37. Social security schemeProvision

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

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

Section 37Verify source

Part VI

PARLIAMENTARY POLICE UNIT

§ 38PARLIAMENTARY POLICE UNIT - 38. Establishment of the Parliamentary Police UnitProvision

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.

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.

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§ 39PARLIAMENTARY POLICE UNIT - 39. Functions of the Parliamentary Police UnitProvision

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

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

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§ 40PARLIAMENTARY POLICE UNIT - 40. ReportsProvision

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

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.

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Part VII

PROVISIONS ON DELEGATED POWERS

§ 41PROVISIONS ON DELEGATED POWERS - 41. Regulations on services and facilities for MembersInterpretation

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.

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 41(2)(l) the handling of the assets and other resources of the Commission; Section 41(2)(m) the delegation of the Commission's functions or powers; Section 41(2)(n) public participation and outreach programmes; and Section 41(2)(o) any other matter required under the Constitution, this Act and other written law. Section 41(3)(a) the purpose and objective of the delegation under this section is to enable the Commission to make regulations for better carrying into effect the provisions of this Act; and Section 41(3)(b) the authority of the Commission to make regulations under this Act is limited to bringing into effect the provisions of this Act and fulfillment of the objectives specified under this section. Section 41(4)(i) the Statutory Instruments Act (Cap. 2A); Section 41(4)(ii) the Interpretation and General Provisions Act ( Cap. 2 ); Section 41(4)(iii) the general rules of international law as specified under Article 2(5) of the Constitution; and Section 41(4)(iv) any treaty and convention ratified by Kenya under Article 2(6) of the Constitution.

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Part VIII

MISCELLANEOUS PROVISIONS

§ 42MISCELLANEOUS PROVISIONS - 42. Expenses of the CommissionProvision

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.

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§ 43MISCELLANEOUS PROVISIONS - 43. Legal proceedings against the CommissionCommencement

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.

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.

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§ 44MISCELLANEOUS PROVISIONS - 44. Annual report of operations of the CommissionProvision

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).

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.

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§ 45MISCELLANEOUS PROVISIONS - 45. Designated member may present documents, etc., in ParliamentProvision

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

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

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§ 46MISCELLANEOUS PROVISIONS - 46. Oath of office for members and staff of the CommissionSubstitution

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.

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 46Verify source

§ 47MISCELLANEOUS PROVISIONS - 47. Power to order attendance of witnessesProvision

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

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 47Verify source

§ 48MISCELLANEOUS PROVISIONS - 48. Privileges of witnessesProvision

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.

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 48Verify source

§ 49MISCELLANEOUS PROVISIONS - 49. Evidence of proceedings in the Commission not to be given without leaveProvision

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.

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 49Verify source

§ 50MISCELLANEOUS PROVISIONS - 50. Protection of members and staff of the CommissionProvision

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.

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.

Section 50Verify source

§ 51MISCELLANEOUS PROVISIONS - 51. Communication of Commission privilegedProvision

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 51. Communication of Commission privileged Section 51(1) A person shall not in any legal proceedings be permitted or compelled to produce or disclose any communication, written or oral which has taken place between the Commission or any member or officer of the Commission, in the exercise of, or in connection with the exercise of, the function of the Commission unless in accordance with this section. Section 51(2)(a) the giving of the information requested is prejudicial to national security or the interests of Parliament in the performance of its functions; Section 51(2)(b) the information requested is at a deliberative stage by the Commission; Section 51(2)(c) there is failure to pay the prescribed fee; or Section 51(2)(d) the applicant fails to satisfy any confidentiality requirements by the Commission. Section 51(3) The right of access to information under Article 35 of the Constitution shall be limited to the nature and extent specified under this section. Section 51(4) Every member and employee of the Commission shall sign a confidentiality agreement.

Section 51Verify source

§ 52MISCELLANEOUS PROVISIONS - 52. Offences and penalties under the ActOffence

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.

Section 52. Offences and penalties under the Act Section 52(1)(a) in connection with an application by himself or herself or any other person for employment, appointment or promotion in the Service, or in connection with any matter on which it is the duty of the Commission to require information or evidence, or into which it is the duty of the Commission to inquire, wilfully gives to the Commission or to any member thereof any information which is false or misleading in any material particular; Section 52(1)(b) in a manner contrary to the provisions of this Act, publishes or discloses to any unauthorised person or otherwise than in the course of duty the contents or any part of the contents of any document, communication or information whatsoever which has come to his knowledge in the course of his or her duties under this Act, and any person who knowingly acts in contravention of this paragraph; Section 52(1)(c) having possession of any information which to his or her knowledge has been published or disclosed in contravention of paragraph (b) of this section, publishes or communicates to any other person otherwise than for the purpose of any prosecution under this Act or in the course of his or her duty any such information; Section 52(1)(d) otherwise than in the course of duty, directly or indirectly by himself or herself or by any other person in any manner whatsoever unlawfully influences or attempts to influence any decision of the Commission or of any member thereof; Section 52(1)(e) disobeys any order made by the Commission or a committee for attendance or for production of papers, books documents or records; or Section 52(1)(f) refuses to be examined before, or to answer any lawful and relevant question put by the Commission or a committee, Section 52(2) Subsection (1)(d) shall not prohibit any person from giving a certificate or testimonial to any applicant or candidate for the Service or supplying any information or assistance upon formal request made by the Commission.

Section 52Verify source

§ 53MISCELLANEOUS PROVISIONS - 53. Examination and other boardsProvision

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 53. Examination and other boards Section 53(1) The Commission may, in such manner as it deems fit, make provision for examinations and appoint such selection, promotion or other boards as it deems necessary for the proper discharge of its functions. Section 53(2) A board appointed under subsection (1) may wholly or in part consist of persons who are not members of the Commission.

Section 53Verify source

§ 55MISCELLANEOUS PROVISIONS - 55. Diplomatic passportsProvision

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

Section 55. Diplomatic passports Section the Speakers of the Houses;

Section 55Verify source

§ 56MISCELLANEOUS PROVISIONS - 56. Transitional provisionsCommencement

Section 56. Transitional provisions Section 56(1) All property, assets, rights, liabilities, obligations, agreements, contracts and other arrangements existing at the commencement of this Act and vested in, acquired, incurred or entered into by or on behalf of the former Commission and existing immediately before the commencement of this Act, shall, upon the commencement of this Act, be deemed to have vested in or to have been acquired, incurred or entered into by or on behalf of the Commission to the same extent as they were enforceable by or against the former Commission before the commencement of the Act. Section 56(2)(a) make such entries in the appropriate register as shall give effect to the transfer; Section 56(2)(b) where appropriate, issue to the Commission a certificate of title or other statutory evidence of ownership of the property or make such amendments on such certificates or in the appropriate register as may be necessary; and Section 56(2)(c) make any necessary endorsements on such deeds or other documents as may be presented to such registering authority relating to the title, right or obligation concerned. Section 56(3) Any disciplinary proceedings that are pending before the former Commission before the commencement of this Act shall be continued as if the Commission was the Commission existing before the effective date of the Constitution. Section 56(4) The pension scheme, superannuation, provident, medical fund or any other scheme existing immediately before the commencement of this Act shall continue to exist as if the pension scheme, superannuation, provident, medical fund or any other scheme has been established pursuant to this Act. Section 56(5) A person who, immediately before the commencement of this Act, held office as a Clerk of a House of Parliament shall continue to hold that office as if appointed under this Act; Section 56(6)(a) was a member of the former Commission under the repealed Act, shall continue to hold or act in that office for the remainder of the term as if appointed to that position under this Act; and Section 56(6)(b) was an employee or officer of the former Commission under the repealed Act, shall continue to hold or act in that office as if appointed to that position under this Act.

Section 56Verify source

Legislative relationships

7 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

5 instruments

Act. Section 41. Regulations
Section 41
Commission are not personally liable for acts done in good faith to carry out this Act
Section 50
Commission incurred in the execution of their functions under the Constitution and this Act
Section 42
Conduct The Commission may prescribe a Parliamentary Service Code
Section 6
Constitution. Section 3. Object and Purpose of the Act
Section 3

N–S

2 instruments

Parliament shall continue to hold that office as if appointed under this Act
Section 56
Service as may be necessary. Section 29(3) Subject to this Act
Section 29

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