The Parliamentary pensions (Amendment) (No. 3) Bill, 2023

SPECIALISSUE

Kenya Gazette Supplement No.133(National Assembly Bills No.47)

REPUBLICOFKENYA

KENYA GAZETTE SUPPLEMENT

NATIONALASSEMBLY BILLS,2023

NAIROBI11thAugust,2023

CONTENT

| Bill for Introduction into the National Assembly- | PAGE | |--------------------------------------------------------|--------| | The Parliamentary Pensions(Amendment) (No.3) Bill,2023 | 1447 |

THEPARLIAMENTARYPENSIONS (AMENDMENT)(No.3)BILL,2023

A Bill for

AN ACT of Parliament to amend the Parliamentary PensionsAct

ENACTED by the Parliament ofKenya,asfollows-

• 1.This Act may be cited as the Parliamentary
• Pensions(Amendment)(No.3) Act,2023.
• 2.The Parliamentary Pensions Act is amended in section 8 by inserting the following new subsection
• immediately after subsection (2)-
• "(3) Notwithstanding subsection (2),a former 2001 and is entitled to pension under this section,
• Member of Parliament who,having served in Parliament between 1st July,1984 and 1st January, and whose monthly pension amounts to less than one hundred thousand shillings,shall be entitled to a monthly pension of one hundred thousand shillings"

Short title.

Amendment of section&ofCap. 196.

MEMORANDUM OF OBJECTS AND REASONS

The principal object of this Bill is to amend the Parliamentary Pensions Act, Cap.196. It proposes to raise the amount of pension due to formerMembers of Parliamentwhoserved between1stJuly,1984 and 1st January, 2oo1 to a minimum sum of Kenya Shillings one hundred thousand.This is in light of the fact that despite serving the nation,some former Members of Parliament are languishing in poverty and there is need to take care of their welfare.

These changes are in line with the recommendations of the Akiwumi Tribunal which was appointed in January 2009 by the Parliamentary Service Commission to review the terms and conditions of service of the Members and employees of Parliament.The Tribunal submitted its report on November 12,2009 in which one of its recommendations was that the five hundred former Members of Parliament (whose number is currently about three hundred and seventy) be paid the equivalent of one thousand dollars each as living pension with effect from 1st July,2010.

The Parliamentary Service Commission adopted the report in June 2010 and resolved that any of the said former Members of Parliament earning a monthly pension of less than one hundred thousand shillings should be paid a monthly pension of one hundred thousand shillings.

Clause 1 of the Bill provides for the short title.

Clause 2 of the Bill provides for the amendment to section 8 of the Act to provide that a former Member ofParliament who,having served in Parliament between 1st July,1984 and 1st January,2001 and is entitled to pension under this section,and whose monthly pension amounts to less than one hundred thousand shillings,shall be entitled to a monthly pension

of one hundred thousand shillings.

Statement on the delegation of legislative powers and limitation of

fundamental rights and freedoms

The Bill does not delegate legislative powers to the Cabinet

Secretary. It does not limit fundamental rights and freedoms.

Statement that the Bill concerns county governments

The Bill does not affect the functions of the county governments and is therefore not a Bill concerning counties for purposes of the Standing Orders.

Statement that the Bill is a money Bill within the meaning of Article 114 of the Constitution

The enactment of this Bill shall occasion additional expenditure of public funds.

Dated the 9th August,2023.

DIDMUSBARASA, Member ofParliament.

Section 8 of theParliamentary Pensions Act which it is proposed to

amend-

Pensions to former members

• (1)Subject to the provisions of this Act,a person shall after the date of commencement thereof be entitled to receive a pension under this section as from the timewhen the following conditions are fulfilled in respect ofhim-
• (a) he hasceased to be a member of the National Assembly by reason
• of the dissolution of Parliament;and
• (b) his aggregate period of reckonable service is two terms of
• Parliament;and
• (c) he has attained the age of forty-five years.
• (2) The annual amount of pension payable to a person under this section shall be a sum equal to one three-hundredth of his pensionable emoluments for each completed month of his aggregate period of reckonable service:but if section 8(1) (b),(i) applies,the annual amount ofpension payable shall be reduced by five per centfor each complete is less than ten years.