The Parliamentary Pensions (Amendment) Bill, 2023

SPECIALISSUE

Kenya Gazette Supplement No.6l (National Assembly Bills No.15)

REPUBLIC OF KENYA

KENYA GAZETTE SUPPLEMENT

NATIONALASSEMBLY BILLS,2023

NAIROBI,4th May,2023

CONTENT

| Bill for Introduction into the National Assembly- | PAGE | |-----------------------------------------------------|--------| | The Parliamentary Pensions (Amendment) Bill,2023 | 379 |

THEPARLIAMENTARYPENSIONS (AMENDMENT)BILL,2023

A Bill for

AN ACT of Parliament to amend the Parliamentary Pensions Act

ENACTED by the Parliament of Kenya,as follows--

• 1.This Act may be cited as the Parliamentary
• Pensions (Amendment) 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
• Member of Parliament who,having served in Parliament between 1st July,1984 and 1st January,2001 and is entitled topension 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."

Short title.

Amendment of section8of Cap 961

MEMORANDUM OFOBJECTSAND 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 former Members of Parliament who served between 1st July,1984 and 1st January 2ool 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.

The 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 bepaid 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 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 f the amendment to section 8 of the Act to provide that a former Meniber of Parliament who,having served in Parliament between 1st July,1984 and 1st January,2001 and is entitled to pension,and whose monthly pension amounts to less than one hundred thousand 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 and it does not limit

rights and fundamental freedoms in the Bill of Rights.

Statement on whether the Bill concerns county governments

The Bill does not concern county governments in terms of Article 110 (l) (a) of the Constitution as it does not affect the functions and

powers of county governments under the Fourth Schedule to the Constitution.

Statement on whether the Bill is a money Bill within the meaning of Article 1l4 of the Constitution

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

Dated the 27th April,2023.

8.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 time when the following conditions are fulfilled in respect ofhim-

2. (a) he has ceased to be a member of the National Assembly by reason of the dissolution of Parliament;and 3. (b) his aggregate period of reckonable service is two terms of Parliament;and 4. (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),(ii) applies, the annual amount of pension payable shall be reduced by five per cent for each complete is less than ten years.