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| 1. |
Short title
This Act may be cited as the Retirement Benefits (Deputy President and Designated State Officers) Act, 2015.
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| 2. |
Interpretation
In this Act, unless the context otherwise require—
"benefits" means pension and other retirement benefits conferred by this Act;
"Deputy President" means a person who holds the office of Deputy-President of Kenya in accordance with the Constitution;
"eligible child" means any child of a deceased entitled person who—
| (a) |
is under eighteen years of age; or
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| (b) |
is under twenty-four years of age and is undergoing a course of full time education; or
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| (c) |
was at the time of the death of the deceased wholly or mainly dependent on the deceased and was at that time and has at all times since been either a person falling within paragraph (a) and (b) or is incapable, and likely to remain permanently incapable, by reason of bodily or mental infirmity, of earning his own living, and is not for the time being maintained out of moneys provided by the Government in a hospital or similar institution;
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"entitled person" means any of the persons specified in section 3;
"retired Chief Justice" means a person who, having held the office of Chief Justice, has ceased to hold the office as such in the manner specified in the Constitution;
"retired Deputy Chief Justice" means a person who, having held the office of Deputy Chief Justice, has ceased to hold office as such in the manner specified in the Constitution;
"retired Deputy President" means a person who, having held the office of Deputy-President, has ceased to hold office as such in the manner specified in the Constitution;
"retired Prime Minister" means a person who, having held the office of Prime Minister, has ceased to hold office as such in the manner specified in the Constitution;
"retired Speaker" means a person who, having held the office of the Speaker of the National Assembly or Speaker of the Senate at any time after the 1st January, 1993, has ceased to hold office as such in the manner specified in the Constitution;
"retired Vice-President" means a person who, having held the office of Vice-President, has ceased to hold office as such in the manner specified in the Constitution and does not include a person who served as Vice-President before the commencement of this Act;
"spouse" means the wife or husband of an entitled person who dies while holding office as such, and includes in the case of an entitled person under whose religion or custom polygamy is lawful, any person to whom the entitled person is lawfully married in accordance with the tenets of that religion or custom;
"term" means a Parliamentary term unless otherwise defined by the instrument of appointment.
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| 3. |
Persons entitled to benefits
Subject to sections 5(3) and 15, the persons entitled to the benefits conferred by this Act shall be persons who—
| (a) |
at any time after the 1st January, 1993, retire as Deputy President, Prime Minister, Vice-President or Speaker; or
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| (b) |
at any time after the 27th August, 2010, retire as Chief Justice or Deputy Chief Justice.
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| 4. |
Circumstances under which benefits may not be paid
| (1) |
Despite the provisions of section 3, the National Assembly may, on a motion supported by the votes of not less than half of the members thereof, resolve that an entitled person, surviving spouse or children, as the case may be, shall not receive any benefits conferred by this Act, on the grounds that such person—
| (a) |
ceased to hold office on account of having acted in willful violation of the Constitution;
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| (b) |
was guilty of gross misconduct;
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| (c) |
has, since ceasing to hold office been convicted of an offence and sentenced to imprisonment for a term of three years or more, without the option of a fine; or
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| (d) |
has, since ceasing to hold office, held office in, or actively engaged in the activities of, any political party:
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Provided that this provision shall come into operation on the date of commencement of this Act.
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| (2) |
Where an entitled person holds any appointive or elective post in or under the Government to which there is attached a rate of pay, other than a nominal rate, the benefits to which he is entitled shall be reduced by the amount of such pay.
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| 5. |
Pension and other benefits of an entitled person
| (1) |
A retired Speaker of the National Assembly or the Senate shall, during his or her lifetime, be entitled to—
| (a) |
a monthly pension equal to eighty per cent of the monthly salary of the entitled person's last monthly salary while in office;
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| (b) |
a lump sum payment on retirement, calculated as a sum equal to one year's salary paid for each term served in office;
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| (c) |
one saloon vehicle of an engine capacity not exceeding 2000 cc which shall be replaceable once every four years;
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| (d) |
one four-wheel drive vehicle of an engine capacity not exceeding 3000 cc which shall be replaceable once every four years;
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| (e) |
a fuel allowance equal to fifteen per cent of current monthly salary of the office holder;
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| (f) |
full medical and hospital cover, providing for local and overseas treatment, with a reputable insurance company for the entitled person and the entitled person's spouse;
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| (g) |
the additional benefits set out in the First Schedule.
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| (2) |
Despite the provisions of this section, an entitled person who serves in office for less than a term, shall not be entitled to the benefits set out in this section but shall be entitled to—
| (a) |
gratuity paid at the end of the entitled person's service at the rate of thirty-one per cent of the entitled person's salary while in office;
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| (b) |
one armed security guards who shall be provided on request by the entitled person;
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| (c) |
diplomatic passports for the entitled person and his spouse; and
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| (d) |
access to the V.I.P. lounge at all airports within Kenya.
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| (3) |
Where an entitled person dies in service after the commencement of this Act, a lumpsum payment on death calculated as a sum equal to five times his annual salary shall become payable to his legal personal representatives.
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| 5A. |
Pension and other benefits of retired Chief Justice
A retired Chief Justice shall, during his or her lifetime, be entitled to—
| (a) |
a monthly pension equal to eighty per cent of the monthly salary of the entitled person's last monthly salary while in office;
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| (b) |
a lump sum payment on retirement, calculated as a sum equal to one year's salary paid for each term served in office;
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| (c) |
one saloon vehicle of an engine capacity not exceeding 2000 cc which shall be replaceable once every four years;
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| (d) |
one four-wheel drive vehicle of an engine capacity not exceeding 3000 cc which shall be replaceable once every four years;
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| (e) |
a fuel allowance equal to fifteen per cent of current monthly salary of the office holder;
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| (f) |
full medical and hospital cover, providing for local and overseas treatment, with a reputable insurance company for the entitled person and the entitled person's spouse;
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| (g) |
the additional benefits set out in the First Schedule.
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| 5B. |
Pension and other benefits of retired Deputy Chief Justice
A retired Deputy Chief Justice shall, during his or her lifetime, be entitled to—
| (a) |
a monthly pension equal to eighty per cent of the monthly salary of the entitled person's last monthly salary while in office;
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| (b) |
a lump sum payment on retirement calculated as a sum equal to one year's salary paid for each term served in office;
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| (c) |
one salon vehicle of an engine capacity not exceeding 2000 cc which shall be replaceable once every four years;
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| (d) |
one four-wheel drive vehicle of an engine capacity not exceeding 3000 cc which shall be replaceable once every four years;
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| (e) |
a fuel allowance equal to fifteen per cent of the current monthly salary of the office holder;
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| (f) |
full medical and hospital cover, providing for local and overseas treatment, with a reputable insurance company for the entitled person and the entitled person's spouse;
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| (g) |
the additional benefits set out in the First Schedule.
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| 6. |
Pension and other benefits of a retired Prime Minister
A retired Prime Minister shall, during his or her lifetime, be entitled to—
| (a) |
a monthly pension equal to eighty per cent of the monthly salary of the entitled person's last monthly salary while in office;
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| (b) |
a lump sum payment on retirement, calculated as a sum equal to one year's salary paid for each termed served in office;
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| (c) |
two saloon vehicles of an engine capacity not exceeding 2000 cc which shall be replaceable once every four years;
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| (d) |
one four-wheel drive vehicle of an engine capacity not exceeding 3000 cc which shall be replaceable once every four years;
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| (e) |
a fuel allowance equal to fifteen per cent of current monthly salary of the office holder;
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| (f) |
full medical and hospital cover, providing for local and overseas treatment, with a reputable insurance company for the entitled person and the entitled person's spouse;
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| (g) |
the additional benefits set out in the Second Schedule.
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| 7. |
Pension and other benefits of a retired Deputy President or retired Vice-President
A retired Deputy President or retired Vice-President shall, during his or her lifetime, be entitled to—
| (a) |
a monthly pension equal to eighty per cent of the monthly salary of the entitled person's last monthly salary while in office;
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| (b) |
a lump sum payment on retirement, calculated as a sum equal to one year's salary paid for each termed served in office;
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| (c) |
two saloon vehicles of an engine capacity not exceeding 2000 cc which shall be replaceable once every four years;
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| (d) |
one four-wheel drive vehicle of an engine capacity not exceeding 3000cc which shall be replaceable once every four years;
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| (e) |
a fuel allowance equal to fifteen per cent of current monthly salary of the office holder;
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| (f) |
full medical and hospital cover, providing for local and overseas treatment, with a reputable insurance company for the entitled person and the entitled person's spouse;
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| (g) |
the additional benefits set out in the Third Schedule.
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| 8. |
Role of entitled person
| (1) |
An entitled person shall be expected to play a consultative and advisory role to the Government and the people of Kenya.
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| (2) |
An entitled person may be requested by the Government to perform, subject to his or her concurrence, specific official functions and shall be paid a reasonable allowance in respect of such official functions.
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| 9. |
Spouse benefits
| (1) |
Upon the death of an entitled person who is in receipt of, or who is entitled to a pension under this Act, the surviving spouse of the entitled person shall be entitled to fifty per cent of the pension which was payable to an entitled person.
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| (2) |
In any case where there is more than one spouse entitled to benefits under subsection (1), the benefits shall be divided equally among all such spouses.
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| 10. |
Children's benefits
A children's pension shall be payable for the Children's benefit. benefit of an eligible child where an entitled person dies and—
| (a) |
if there is only one child, pension at the rate of twenty-five percent of the pension entitlement of the entitled person;
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| (b) |
if there are two or more children, a pension at the rate of fifty percent of the pension entitlement of the deceased entitled person to be divided equally for the benefit of each child.
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| 11. |
Entitled person not be covered under any other Act
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For the avoidance of doubt, an entitled person under this Act shall not, for the purposes of payment of a pension or provision of any other benefits, be covered under any other Act for the same period covered under this Act.
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| (2) |
Despite subsection (1), where an entitled person was a contributor under any other pension scheme, his or her contribution shall be returned to him or her with the applicable rate of interest.
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| 12. |
Staff
The professional and other staff required to be provided for an entitled person under the First Schedule shall be public officers, but no person shall be appointed or posted to serve on such staff except with the concurrence of the entitled person and such staff shall, in the performance of their duties, be responsible only to the entitled person.
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| 13. |
Funds for expenses
| (1) |
The benefits granted to an entitled person, or his or her surviving spouse, as the case may be, under this Act, shall be administered—
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in the case of a retired Deputy President, retired Prime Minister or retired Vice President, by the Office of the President, and shall be provided for in the estimates of the national government referred to in Article 221(1) of the Constitution;
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| (b) |
in the case of a retired Speaker of the National Assembly or the Senate, by the Parliamentary Service Commission, and shall be provided for in the estimates of the parliamentary service prepared pursuant to Article 127(6)(c) of the Constitution; and
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| (c) |
in the case of a retired Chief Justice or retired Deputy Chief Justice, by the Judicial Service Commission, and shall be provided for in the estimates of the Judiciary prepared pursuant to Article 173(3) of the Constitution.
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| (1A) |
For purposes of this section, “benefits” means the benefits granted to an entitled person under the First Schedule, Second Schedule or the Third Schedule to this Act.
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| (1B) |
For the avoidance of doubt, subsection (1) shall not apply to the pension, lump sum payment upon retirement, and gratuity provided for in this Act.
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| (1C) |
The respective entities under subsection (1), shall formulate administrative guidelines for the administration of this section including on matters relating to the computation of benefits due to an entitled person under this section.
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| (2) |
Upon approval of the estimates submitted under subsection (1), all monies, from time to time, required in respect of the benefits conferred on an entitled person or his surviving spouse by this Act shall be charged on and issued out of the Consolidated Fund without further appropriation than this Act.
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| (3) |
All other expenses incurred in the administration of the provisions of this Act shall be met out of monies appropriated by the National Assembly for that purpose.
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| 14. |
Accounts and audit
The accounts relating to the expenditure incurred under the provisions of this Act shall be audited and reported upon by the Auditor-General.
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| 15. |
Official funeral
Upon his death, an entitled person shall be accorded an official funeral.
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| 16. |
Computation of benefits
In computing the benefits due to a person entitled to benefits under this section, the benefits already received by that person under any other law or policy shall be set-off against the benefits due under this Act.
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FIRST SCHEDULE [s.5 (1)(g)]
ADDITIONAL RETIREMENT BENEFITS FOR A RETIRED SPEAKER OF THE NATIONAL ASSEMBLY OR THE SENATE, THE DEPUTY CHIEF JUSTICE OR THE CHIEF JUSTICE
| (e) |
one senior support staff;
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| (h) |
two armed security guards who shall be provided on request by the entitled person;
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| (i) |
diplomatic passports for the entitled person and his spouse;
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| (j) |
maintenance expenses for the vehicles provided pursuant to this Act;
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| (k) |
access to the V.I.P. lounge at all airports within Kenya;
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| (l) |
office and office equipment.
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SECOND SCHEDULE [s. 6(g)]
ADDITIONAL RETIREMENT BENEFITS FOR A RETIRED PRIME MINISTER
| (f) |
two senior support staff;
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| (j) |
armed security guards who shall be provided on request by the entitled person;
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| (k) |
diplomatic passports for the entitled person and his or her spouse;
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| (l) |
office and office equipment;
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| (m) |
maintenance expenses for the vehicles provided pursuant to this Act;
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| (n) |
access to the V.I.P. lounge II at all airports within Kenya.
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THIRD SCHEDULE [s. 7(g)]
ADDITIONAL RETIREMENT BENEFITS FOR A RETIRED DEPUTY PRESIDENT OR RETIRED VICE-PRESIDENT
| (f) |
two senior support staff;
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| (j) |
armed security guards who shall be provided on request by the entitled person;
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| (k) |
diplomatic passports for the entitled person and his or her spouse;
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| (l) |
office and office equipment;
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| (m) |
maintenance expenses for the vehicles provided pursuant to this Act;
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| (n) |
access to the V.I.P. lounge II at all airports within Kenya.
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