EMOLUMENTS COMMISSION ACT

to provide for the membership, functions, operations and financial management of the Emoluments Commission; provide for a harmonised framework to govern the determination and management of emoluments for chiefs and officers in a State organ and State institution; enhance the capacity of a State organ and State institution to attract, retain and motivate officers and staff with requisite qualifications, skills and experience in order to improve service delivery; and provide for matters connected with, or incidental to, the foregoing.

[On Notice]

Act 1 of 2022.

PART I
PRELIMINARY

1. Short title and commencement

This Act may be cited as the Emoluments Commission Act and shall come into operation on the date appointed by the President by Statutory Instrument.

2. Interpretation

In this Act, unless the context otherwise requires-

"associate" has the meaning assigned to the word in the Anti-Corruption Act, 2012;

"Chairperson" means the person appointed Chairperson of the Commission under section 6;

"chief"™ has the meaning assigned to the word in the Constitution;

"Commission" means the Emoluments Commission established under Article 232 of the Constitution;

"Constitutional office holder" has the meaning assigned to the word in the Constitution;

"councillor" has the meaning assigned to the word in the Constitution;

"Director-General" means the person appointed as Director-General of the Commission under section 10;

"emoluments" has the meaning assigned to the word in the Constitution;

"legally disqualified" means the absence of legal capacity as provided under section 4 of the Mental Health Act, 2019;

"member" means a person appointed as a member of the Commission under section 6;

"Member of Parliament" has the meaning assigned to the word in the Constitution;

"oath" has the meaning assigned to the word in the Constitution;

"officer" means a public officer, State officer, councillor, Constitutional office holder and judge;

"pay policy" means a framework of intended action on emoluments by a State organ or State institution to enhance the capacity to attract and motivate personnel with requisite skills and experience;

"political party" has the meaning assigned to the word in the Constitution;

"public officer" has the meaning assigned to the word in the Constitution;

"relative" has the meaning assigned to the word in the Anti-Corruption Act, 2012;

"relevant authority" means the authority responsible for recommending emoluments of a chief, State organ or State institution;

"State institution" has the meaning assigned to the word in the Constitution;

"State officer" has the meaning assigned to the word in the Constitution;

"State organ" has the meaning assigned to the word in the Constitution; and

"Vice-Chairperson" means the person elected Vice-Chairperson of the Commission under section 6.

3. Supremacy of Act

Subject to the Constitution, where there is an inconsistency between the provisions of this Act and the provisions of any other written law on the determination of emoluments, the provisions of this Act shall prevail to the extent of the inconsistency.

PART II
THE EMOLUMENTS COMMISSION

4. Seal of Commission

(1) The seal of the Commission shall be a device that may be determined by the Commission and kept by the Director-General or an officer designated by the Director-General.

(2) The affixing of the seal shall be authenticated by the Chairperson or the Vice-Chairperson and the Director-General or any other person authorised in that behalf by a resolution of the Commission.

(3) A contract or instrument which, if entered into or executed by a person not being a body corporate, would not be required to be under seal may be entered into or executed without seal on behalf of the Commission by the Director-General or any other person generally or specifically authorised by the Commission in that behalf.

(4) A document purporting to be under the seal of the Commission or issued on behalf of the Commission shall be received in evidence and shall be deemed to be so executed or issued, without further proof, unless the contrary is proved.

5. Functions of Commission

(1) Subject to the Constitution, the Commission shall determine, harmonise and rationalise emoluments for a chief and an officer in a State organ or State institution.

(2) Despite the generality of sub-section (1), the functions of the Commission are to-

(a) ensure compliance of the provisions of this Act by a State organ, State institution and the House of Chiefs;

(b) formulate and review the pay policy relating to a State organ, State institution and the House of Chiefs;

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