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Constitutional Offices (Remuneration)

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1.
Short title
This Act may be cited as the Constitutional Offices (Remuneration) Act.

2.
Salaries and allowances for certain offices under the Constitution
(1) The salaries to be paid to the holders of the offices specified in the first column of the Schedule to this Act, being the offices mentioned in section 104 of the Constitution, shall, with effect from the 1st July, 1985, be at the annual salary scales or rates specified in relation to those offices in the second column of that Schedule—
Provided that where a salary scale is specified the holder of the office shall be paid such salary within that scale as the President may determine.
(2) The holders of the offices specified in the first column of the Schedule shall be paid such allowances as may be determined from time to time by the President.
[Act No. 14 of 1985, s. 2.]

2.
Salaries and allowances for certain offices under the Constitution
(1) The salaries to be paid to the holders of the offices specified in the first column of the Schedule, being the offices mentioned in section 104 of the Constitution, shall be at the annual salary scales or rates specified in relation to those offices in the second column of that Schedule—
(a) in the case of the Attorney-General, the Chief Justice, Judges of Appeal and Puisne Judges, with effect from the 1st November, 1997;
(b) in the case of the Controller and Auditor-General, with effect from the 9th April, 1996;
(c) in the case of the Chairman, Deputy Chairman and Members of the Public Service Commission, with effect from the 1st November, 1997; and
(d) in the case of the Chairman, Vice-Chairman and Members of the Electoral Commission with effect from the 1st January, 1997.

(2) The holders of the offices specified in the first column of the Schedule shall be paid such allowances as may be determined from time to time by the President.
[Act No. 14 of 1985, s. 2, Act No. 8 of 2000, s. 2, Sch.]

2.
Salaries and allowances for certain offices under the Constitution
(1) The salaries to be paid to the holders of the offices specified in the first column of the Schedule, being the offices mentioned in section 104 of the Constitution, shall, with effect from the 1st July, 2001, be at the annual salary scales specified in relation to those offices in the second column of that Schedule.
(2) The holders of the offices specified in the first column of the Schedule shall be paid such allowances as may be determined from time to time by the President.
[Act No. 14 of 1985, s. 2, Act No. 8 of 2000, s. 2, Act No. 2 of 2002, Sch.]

2.
Salaries and allowances for certain offices under the Constitution
(1) The salaries to be paid to the holders of the offices specified in the first column of the Schedule, being the offices mentioned in section 104 of the Constitution, shall, with effect from the 1st July, 2001, be at the annual salary scales specified in relation to those offices in the second column of that Schedule:
Provided that where a salary scale is specified, the holder of the office shall be paid such salary, within the scale, as the President may determine having regard to—
(a) the seniority of the various office holders, based on the number of years served in a particular office; and
(b) the differences in skills, workload and accountabilities attached to each office.

(2) The holders of the offices specified in the first column of the Schedule shall be paid such allowances as may be determined from time to time by the President.
[Act No. 14 of 1985, s. 2, Act No. 8 of 2000, s. 2, Act No. 2 of 2002, Sch., Act No. 7 of 2007, Sch.]

2.
Salaries and allowances for certain offices under the Constitution
(1) The salaries to be paid to the holders of the offices specified in the first column of the Schedule, being the offices mentioned in section 104 of the Constitution, shall, with effect from the 1st July, 2008, be at the annual salary scales specified in relation to those offices in the second column of that Schedule:
Provided that where a salary scale is specified, the holder of the office shall be paid such salary, within the scale, as the President may determine having regard to—
(a) the seniority of the various office holders, based on the number of years served in a particular office; and
(b) the differences in skills, workload and accountabilities attached to each office.

(2) The holders of the offices specified in the first column of the Schedule shall be paid such allowances as may be determined from time to time by the President.
[Act No. 14 of 1985, s. 2, Act No. 8 of 2000, s. 2, Act No. 2 of 2002, Sch., Act No. 7 of 2007, Sch, Act No 6 of 2009, Sch.]

3.
Allowances for appointed members of Electoral Commission
The allowances to be paid to appointed members of the Electoral Commission shall be—
(a) an attendance allowance of eighty shillings for each day or part of a day on which the Electoral Commission meets and the member is present at the meeting, but so that he shall not be paid more than once in respect of any one day;
(b) a subsistence allowance at such rate and in such circumstances as the Treasury may authorize;
(c) a transport allowance in respect of any journey made to attend a meeting of the Electoral Commission, at the appropriate rate for the time being in force in respect of Government officers, or, if there is no such rate which is appropriate, at such rate as the Treasury may authorize.
[Act No. 7 of 1975, Sch.]

3.
Repealed by Act No. 8 of 2000, s. 3.

4.
Other allowances
Nothing contained in this Act shall preclude the payment to the holder of the office specified in the first column of the Schedule any allowance not mentioned or determined in accordance with this Act which he is eligible to receive other than by virtue of this Act.
[Act No. 14 of 1985, s. 3.]

5.
Exemption from income tax
All allowances payable to the holder of the offices specified in the first column of the Schedule shall be exempt from income tax notwithstanding the provisions of any other written law relating to income tax.
[Act No. 6 of 1986, s. 3.]

5.
Repealed by Act No. 57 of 2012, s. 27.

6.
Validation of increments
Notwithstanding the provisions of this Act or of any other written law, any increments in the salaries paid to the holders of any of the offices specified in the first column of the Schedule, between the 1st July, 1985 and the date of commencement of this section shall be deemed to be in accordance with the provisions of this Act.
[Act No. 8 of 2000, s. 4.]
SCHEDULE
[Act No. 8 of 1972, Act No. 4 of 1973, Act No.
7 of 1975, Act No. 6 of 1976, Act No. 16 of 1977, Act No. 3 of 1981,
Act No. 14 of 1985, s. 4, Act No. 6 of 1986, s. 2.]
SCHEDULE
[Act No. 8 of 1972, Act No. 4 of 1973, Act No.
7 of 1975, Act No. 6 of 1976, Act No. 16 of 1977, Act No. 3 of 1981,
Act No. 14 of 1985, s. 4, Act No. 6 of 1986, s. 2, Act No. 8 of 2000,
s. 5.]
SCHEDULE
[Act No. 8 of 1972, Act No. 4 of 1973, Act No.
7 of 1975, Act No. 6 of 1976, Act No. 16 of 1977, Act No. 3 of 1981,
Act No. 14 of 1985, s. 4, Act No. 6 of 1986, s. 2, Act No. 8 of 2000,
s. 5, Act No. 2 of 2002, Sch.]
SCHEDULE
[Act No. 8 of 1972, Act No. 4 of 1973, Act No.
7 of 1975, Act No. 6 of 1976, Act No. 16 of 1977, Act No. 3 of 1981,
Act No. 14 of 1985, s. 4, Act No. 6 of 1986, s. 2, Act No. 8 of 2000,
s. 5, Act No. 2 of 2002, Sch., Act No. 6 of 2009, Sch.]
SCHEDULE-continued