REVIEW AND ADVICE ON ALLOWANCES IN THE PUBLIC SERVICE

The Salaries and Remuneration Commission (SRC) is established under Article 230 of the Constitution of Kenya, 2010, to set and regularly review the remuneration and benefits of all State officers, and advise the national and county governments on the remuneration and benefits of all other public officers. In undertaking its mandate, SRC is guided by principles set out in Article 230(5) of the Constitution, and Section 12 of SRC Act, 2011.

Pursuant to this mandate, and in line with the aforesaid principles, SRC is undertaking a review of allowances in the public service. The review and advice therefrom is expected to result in equity and transparency in the management of allowances, and guide the government in management of the wage bill. The review of allowances is being undertaken in phases, with the first phase completed last year and the second phase starting with the review of; Retreat Allowance, Sitting Allowance for Institutional Committees, Taskforce Allowance, and Daily Subsistence Allowance (Local and Foreign Travel) for public officers. This is as follows:

1. Retreat Allowance

Retreat allowance is paid to public officers participating in special assignments meant to review, develop and produce policy documents away from their workstation. This is a job responsibility that is factored in determining the relative worth of a job during a job evaluation, the results of which inform the remuneration of a job. Payment of Retreat Allowance, in addition to the basic salary, amounts to double compensation. Consequently, SRC advises that the allowance ceases to be payable for public officers.

2. Sitting Allowance for Members of Institutional Internal Committee

Institutional Internal Committees are constituted to facilitate the execution of the mandate of the institution. Therefore, payment of Sitting Allowance to Members of Institutional Internal Committees, in addition to the basic salary, amounts to double compensation. Consequently, SRC advises that the allowance ceases to be payable for public officers.

3. Taskforce Allowance

Payment of Taskforce Allowance to members of internal institution taskforce, in addition to the basic salary, amounts to double compensation, as internal institution taskforces are constituted to execute the mandate of the institution. Consequently, SRC advises that the allowance ceases to be payable to members of internal institutional taskforce.

Further, SRC advises as follows:

• For all other taskforces, Accounting Officers shall seek the review and advice by SRC on the payment;
• Public officers shall not be paid for more than one taskforce for the same period of time;
• A Taskforce Allowance shall be payable to public officers for a maximum period of 15 days in a The number of paid days in a taskforce takes cognizance of compensation paid to other public officers in their regular jobs during the period of the taskforce;
• Where public officers are involved in a taskforce on a full-time basis for more than one month, they shall be required to opt for either the taskforce allowance or the monthly salary for the substantive post; and
• Accounting Officers shall approve payment of Taskforce Allowance upon the successful completion of the task, as per rates advised by SRC

4. Daily Subsistence Allowances (Local and Foreign Travel)

The payment of Daily Subsistence Allowance (DSA) is meant to facilitate public officers to attend to official assignments away from their duty stations within the country and out of the country. Consequently, SRC advises on DSA (Local and Foreign Travel) rates payable to public officers as follows:

• DSA (Local Travel): The DSA rates are standardised across the country, and paid as advised in Table

Table 1: DSA Rates for Public Officers (Local Travel)

Note: DSA shall not be payable for locations that are within a 50km radius of respective duty stations of the officers affected.

• DSA (Foreign Travel): DSA for Foreign Travel remains unchanged at the prevailing rates as advised in Table

Table 2: DSA (Foreign Travel) Rates (USD)

5. Implementation Notes
   • The reviews shall apply to public officers at the national and county governments, as appropriate.

• This Circular supersedes any other Circular on Retreat Allowance, Taskforce Allowance, Sitting Allowance for Institutional Internal Committees, and DSA (Local and Foreign Travel) in the public service
• The advice herein is effective from the date of this

Your office is hereby requested to take the necessary attention and action.

MRS. LYN C. MENGICH COMMISSION CHAIRPERSON

Copy to:       All Cabinet Secretaries

Chief of staff and Head of Public Service Chairperson, Parliamentary Service Commission Chief Justice and President of the Supreme Court

Chairpersons, Constitutional Commissions and Independent Offices

All County Governors

Secretary, State Corporations Advisory Committee

All County Executive Committee Members In charge of County Public Service All Chairpersons County Assembly Service Boards.

Latest Cabinet Reshuffle by President William Ruto

UPDATE: President William Ruto reshuffles the Cabinet as follows

1. Hon. Musalia Mudavadi, EGH -Office of the Prime Cabinet Secretary and Ministry of Foreign & Diaspora Affairs

2. Ms. Rebecca Miano, MBS- Ministry of Investments, Trade & Industry

3. Hon. Alice M. Wahome- Ministry of Lands, Public Works, Housing & Urban Development

4. Mr. Zacharia Mwangi Njeru- Ministry of Water, Sanitation & Irrigation

5. Hon. Peninnah Malonza, OGW- Ministry of East African Community, The ASALS & Regional Development

6. Hon (Dr.) Alfred Mutua -Ministry of Tourism & Wildlife

7. Hon. Moses K. Kuria, HSC-Ministry of Public Service, Performance & Delivery Management

8. Hon. Aisha Jumwa K. Katana -Ministry of Gender, Culture, the Arts & Heritage

SUPREME COURT FINDINGS ON THE BBI APPEAL 

1) Whether the Basic Structure Doctrine is applicable in Kenya.

Koome CJ : No
Mwilu DCJ :
Ouko SCJ : No
Njoki SCJ : No
Lenaola SCJ : No
Wanjala SCJ :
Ibrahim SCJ :

2) Whether there ought to have been a multi-choice referendum question.

Koome CJ : The issue was prematurely considered by HC & CoA. CoA decision is therefore set aside.
Mwilu DCJ :
Ouko SCJ : The issue was prematurely considered by the HC & CoA. CoA decision is therefore set aside.
Njoki SCJ : The issue was prematurely considered by the HC & CoA. CoA decision is therefore set aside.
Lenaola SCJ : The issue was prematurely considered by the HC & CoA. CoA decision is therefore set aside.
Wanjala SCJ :
Ibrahim SCJ :

3) Whether the President (and state institutions) can initiate changes to amend the Constitution.

Koome CJ : No
Mwilu DCJ :
Ouko SCJ : No
Njoki SCJ : Yes (And in in case of BBI the President was neither the initiator nor promoter)
Lenaola SCJ : No (But in the case of BBI, the President was neither the initiator nor the promoter)
Wanjala SCJ :
Ibrahim SCJ :

4) Whether there was sufficient public participation in the BBI constitutional amendment process.

Koome CJ : Yes (Save for the addition of the 2nd Schedule on the creation of 70 new Consistencies which was a late addition in the Amendment Bill)
Mwilu DCJ :
Ouko SCJ : Yes (Save for addition of the 2nd Schedule in the Amendment Bill)
Njoki SCJ : Yes (And the consideration of the constitutionality of the inclusion of 2nd Schedule to the Amendment Bill by the HC & CoA was premature. However the schedule is unconstitutional. )
Lenaola SCJ : Yes (Save for addition of the 2nd Schedule in the Amendment Bill)
Wanjala SCJ :
Ibrahim SCJ:

5) Whether IEBC had an obligation to ensure there was sufficient public participation during the signature collection.

Koome CJ : No
Mwilu DCJ :
Ouko SCJ : No
Njoki SCJ : No
Lenaola SCJ : No
Wanjala SCJ :
Ibrahim SCJ :

6) Whether the President enjoys immunity against civil proceedings in court in his personal capacity.

Koome CJ : Yes
Mwilu DCJ :
Ouko SCJ : Yes
Njoki SCJ : Yes
Lenaola SCJ : Yes
Wanjala SCJ :
Ibrahim SCJ :

7) Whether IEBC had quorum during the verification of signatures.

Koome CJ : Yes
Mwilu DCJ :
Ouko SCJ : Yes
Njoki SCJ : Yes
Lenaola SCJ : Yes
Wanjala SCJ :
Ibrahim SCJ :