THE JUDICIARY OF KENYA [PDF]

as derived from Section 68 of the Constitution of Kenya and the Service Commissions Act (Cap. 185) of the Laws of .....

9 downloads 24 Views

Recommend Stories


The Judiciary
Learning never exhausts the mind. Leonardo da Vinci

judiciary - Atlantic County [PDF]
Judge Maureen Sogluizzo, Recall...……………………………609-594-3446. Atlantic County Criminal Courts Complex. 4997 Unami Boulevard. Mays Landing, NJ ...

Judiciary
And you? When will you begin that long journey into yourself? Rumi

The Judiciary Act of 1789
What you seek is seeking you. Rumi

Gender and the Judiciary
Suffering is a gift. In it is hidden mercy. Rumi

the constitution of kenya
Knock, And He'll open the door. Vanish, And He'll make you shine like the sun. Fall, And He'll raise

Independence of the Legal Profession and Judiciary
Before you speak, let your words pass through three gates: Is it true? Is it necessary? Is it kind?

indian judiciary
The greatest of richness is the richness of the soul. Prophet Muhammad (Peace be upon him)

independence and integrity of the judiciary
The butterfly counts not months but moments, and has time enough. Rabindranath Tagore

Sweden's Contribution to Governance of the Judiciary
Don't ruin a good today by thinking about a bad yesterday. Let it go. Anonymous

Idea Transcript


JUDICIAL SERVICE STAFF REGULATIONS JUNE 2008

1

SECTION A ADMINISTRATION OF THE JUDICIARY

Introduction This Section of these Regulations is a summary of the mandate and organization of the Judicial Service and matters connected thereto.

2

SECTION A ADMINISTRATION OF THE JUDICIARY

Regulation

Content

Page

A.1

The Judiciary……………………………………………….

3

A.2

The Judicial Service Commission………………………….

3

A.3

The Chief Justice …………………………………………..

3

A.4

The Registrar ……………………………………………….

3

3

SECTION A ADMINISTRATION OF THE JUDICIARY

The Judiciary A.1

The Judiciary is one of the three arms of Government established under the Constitution.

Its core functions are administration of justice; formulation and implementation of judicial policies; compilation and dissemination of case law and other legal information for effective administration of justice in Kenya.

Judicial Service Commission A.2

The Judicial Service Commission is established under Section 68 of the Constitution of

Kenya. The Commission has the powers to appoint persons to hold or act in an office; confirm appointments; promote; exercise disciplinary control and remove persons from office. The Commission may delegate some of its powers to the Authorized Officer in terms of Section 69 of the Constitution and the Service Commissions Act (Cap. 185).

The Chief Justice A.3

The Chief Justice is responsible for the general direction, co-ordination and overall

supervision of the Judiciary. This includes the formulation, implementation and evaluation of policies and programmes.

The Registrar A.4

(i)

Apart from the judicial functions which are vested in the Registrar, s/he shall

exercise such powers as may be vested in him/her under the Judicial Service Commission 4

Regulations and shall also give effect to such directives of the Chief Justice as may be addressed to him/her.

(ii)

S/he is the Accounting Officer for the Judiciary who is responsible for accounting

for any service in respect of which money have been appropriated by Parliament or to whom issues are made from the exchequer account.

(iii)

S/he is the Authorized Officer for the Judiciary who is responsible for efficient

management for the day to day operations and administration of human resource in the Judicial Service.

5

SECTION B THE FUNCTIONS OF THE JUDICIAL SERVICE COMMISSION Introduction This Section contains the membership and functions of the Judicial Service Commission as derived from Section 68 of the Constitution of Kenya and the Service Commissions Act (Cap. 185) of the Laws of Kenya.

6

SECTION B THE FUNCTIONS OF THE JUDICIAL SERVICE COMMISSION Regulation

Content

Page

B.1

Membership …………………………………………………………

7

B.2

Advice on appointment of Judges……………………………………

7

B.3

Appointments and Promotions ………………………………………

7

B.4

Appointment on Agreement and Temporary Terms …………………

7

B.5

Advice on Salary Scales ……………………………………………..

8

B.6

Powers to conduct examinations, appoint Boards and Committees. ………………………………………………………….

8

B.7

Training and Development……………………………………………

8

B.8

Advertisement of Vacancies ………………………………………….

9

B.9

Applications from Serving Officers ……………………….…………

9

B.10

Applications from the Public …………………………………………

9

B.11

Reporting of Vacancies ……………………………………………….

10

B.12

Promotion of Serving Officers ………………………………………..

10

B.13

Power to discipline and remove persons from office………………….

10

7

SECTION B THE FUNCTIONS OF THE JUDICIAL SERVICE COMMISSION

Membership B.1

The Judicial Service Commission consists of:(i)

the Chief Justice as Chairman;

(ii)

the Attorney General;

(iii)

two persons who are for the time being designated by the President from among the Puisne Judges of the High Court and the Judges of the Court of Appeal;

(iv)

the Chairman of the Public Service Commission.

Advice on appointment of Judges B.2

The Judicial Service Commission shall advice the President on persons to be appointed as

Judges of the Court of Appeal and the High Court.

Appointments and Promotions B.3

The decision of the Commission in regard to appointments and promotions will contain,

in addition to the names of persons selected, the salary scale and other related terms to be offered and the date from which the appointments take effect.

Appointment on Agreement and Temporary Terms B.4

(i)

The regulations governing the making of temporary appointments are contained in

the Judicial Service Commission Regulations. Appointments on such terms may be made for a

8

period not exceeding one year without the authority of the Commission but may not be continued for a longer period without such authority.

(ii)

Appointments on agreement terms may only be made on the authority of the

Commission. Renewal or extensions of appointments on agreement may also be made only on the Commission’s authority.

(iii)

The Secretary to the Commission shall report to the Commission cases of

temporary employment which it is desired to continue for more than twelve months or cases of employment on agreement terms which it is desired to renew or extend at least two months before the expiry of the initial period.

Advice on Salary Scales B.5

The Commission shall determine salary scales and other forms of remuneration for the

Judicial Service in consultation with Treasury.

Powers to conduct examinations, appoint Boards and Committees B.6

(i)

The Commission may conduct such examinations, interviews, investigations and

appoint such Boards/Committees as it may consider necessary for the proper discharge of its functions as set out in the relevant laws and regulations.

(ii)

Any such Board/Committee may consist wholly or in part of persons who are not

members of the Commission.

Training and Development B.7

The Commission shall be responsible for policy formulation in regard to training and

development of its staff. 9

Advertisement of Vacancies B.8

All advertisements in respect of vacancies falling within the scope of the Commission

will be issued and published by the Secretary to the Commission. When reporting vacancies, the Secretary to the Commission or the Head of the Human Resource Management Department, as the case may be, shall enclose a statement of the qualifications required for the posts in question and the duties and responsibilities which the successful candidates will be expected to perform.

Applications from Serving Officers B.9

(i)

When an officer already in the service applies for a post advertised by the

Commission, his/her application shall be transmitted to the Secretary to the Commission through the appropriate Head of Station/Department, as the case may be, who must forward it with comments as to suitability of the application.

(ii)

Officers already serving and other Public Servants who apply for vacancies

advertised by the Commission shall submit their applications in triplicate in respect of each post for which they are applying on Form JSC 2A which is obtainable from any court or judiciary website (www.judiciary.go.ke). Part I of the original form shall be completed by the applicant, in own handwriting and handed over to the Head of Station/ Department, as the case may be, who will complete Part II thereof and forward it to the Secretary of the Commission. The duplicate and triplicate copies shall be sent by the applicant direct to the Secretary of the Commission.

Applications from the Public B.10

(i)

The Commission shall not accept applications except in response to its own

advertisements. Consequently, any such applications that may be received shall not be forwarded to the Commission except in connection with existing vacancies in the judicial service. 10

(ii)

The Commission may delegate its powers as provided for in the Constitution for

the purpose of receiving and processing applications for employment in the Judicial Service.

Reporting of Vacancies B.11

The Secretary shall report any vacancy to the Chief Justice, giving full particulars

including the relevant item in the estimates, the approved grading of the post and the designation. The report shall state whether the vacant post is pensionable or non-pensionable and whether it is proposed that the post shall be filled on a pensionable or contract basis. A draft advertisement shall be attached when it is recommended that the vacancy shall be advertised.

Promotion of Serving Officers B.12

When a serving officer is recommended for promotion to fill a vacancy, particulars of his

service history shall be supplied to the Commission. It shall also be stated whether the officer recommended for promotion is the senior most in the grade. If not, the names of officers who will, if the recommendation is approved, be superseded, shall be given, with a note in each case stating the reasons why such supersession is recommended.

Power to Discipline and remove Persons from Office B.13

The Commission is vested with powers to discipline and remove persons holding or

acting in any office within the Judicial Service.

11

SECTION C COMMUNICATION Introduction This Section spells out the basic rules for effective communication and emphasizes the need for expeditious treatment of communication as contained in these Regulations. It provides a guide for use with respect to other communication media in addition to guidelines regarding publications, printing and use of office stationery.

12

SECTION C COMMUNICATION

Regulation

Content

Page

C.1

Communication with the Judicial Service Commission …

13

C.2

Communication by the Chief Justice ……………………

13

C.3

Form of Correspondence…………………………………

13

C.4

Classified Correspondence ………………………………

14

C.5

Appeal Records ………………………………………….

14

C.6

Reports and Memorandum for the Cabinet ………………

15

C.7

Use of Telephone ...……………………………………….

15

C.8

Use of Electronic Mail and Fax……………………………

15

C.9

Publications and Printing …………………………………

15

C.10

Unprinted Common User Stationery ………………………

16

C.11

Accountable Documents ………………………………….

16

C.12

Economy in Use of Stationery …………………………….

17

C.13

Indents for Stationery …………………………………….

17

C.14

Kenya Gazette ……………………………………………

18

C.16

Procurement of Goods and Services ……………………..

18

C.16

Official Seals …………………………………………….

18

13

SECTION C COMMUNICATION Communication with the Judicial Service Commission C.1

All communication with the Judicial Service Commission shall be addressed to the

Secretary to the Commission.

Communication by the Chief Justice C.2

The Chief Justice shall communicate directly with the President by minute, letter or

verbally as may be appropriate.

Form of Correspondence C.3

(i)

The general form which correspondence shall take is: (a) A brief outline of the history of the case indicating the points on which a decision, is required and the grounds on which the decision may be based; (b) Cognate references; and (c) A definite recommendation.

(ii)

All communication shall be divided into paragraphs and dated the day they are

actually dispatched. They shall be printed where possible, but in cases of classified correspondence this is left to the writer’s discretion.

(iii)

Each communication shall be confined as far as possible to a single subject under

an appropriate and summarized heading. Invariably, the reference number and date of the last communication, if any, from the writer and from the person addressed on the same subject shall be given. 14

(iv) (a) Enclosures, unless of exceptional importance, shall be avoided whenever practicable and copies, not originals, be sent.

(b) Enclosures in foreign languages shall be accompanied by a translation or, in the case of documents of minor importance, by a précis of the contents.

(c) Documents received in foreign languages shall be referred to the Ministry responsible for Foreign Affairs for official translation, if necessary.

Classified Correspondence C.4

(i)

The Government of Kenya Security Manual contains instructions regarding

classified correspondence.

(ii)

The appropriate classification shall be clearly marked at the top and bottom of

every page of all classified documents.

(iii)

The Registrar/Head of Station/Department will be held responsible for ensuring

that careful attention is paid to security matters in all offices under their control. The attention of all officers having access to classified documents shall be particularly drawn to the Security Manual once each year and a certificate that this has been done shall be furnished by Authorized Officer/Head of Station/Department to the Chief Justice, not later than 31st January of each year. A certificate to the effect that this has been done will be included in all handing over reports.

Appeal Records C.5

Any request for appeal records shall be acknowledged within seven (7) days and the

records be availed within thirty (30) days by the Head of Station/Deputy Registrar.

15

Reports and Memorandum for the Cabinet C.6

Reports and memoranda which require to be submitted to the Cabinet shall be prepared in

the office of the Chief Justice and 50 (fifty) copies sent to the Secretary to the Cabinet. The file shall not accompany the memoranda and apart from the file copy, no further copies shall be produced or distributed without the permission of the Secretary to the Cabinet.

Use of Telephone C.7

Use of telephone will be limited to official business only.

Use of Electronic Mail and Fax C.8

(i)

For expeditious and effective communication, Stations/Departments shall adopt

use of electronic mail and fax. The usage of these services shall however, be restricted to official matters only and in circumstances where it enhances efficient service delivery. An officer shall use his/her discretion when utilizing this form of correspondence in place of the usual one.

(ii)

The responsibility of ensuring that correspondence reaches its destination shall

rest with the sender.

Publications and Printing

C.9

(i)

All reports and statements required to be printed shall be competitively procured

in accordance with procurement regulations

(ii)

Only essential departmental bulletins and reports shall be published. They shall be

as brief as possible. Expensive illustrations shall not be included unless they are absolutely necessary for the proper understanding and not for the embellishment of the text. 16

(iii)

Annual reports, statistical or other reports of general interest shall be prepared by

the Judiciary. Annual reports are intended to be a record of work done during the period under review and shall be concerned with assessing whether the Judiciary’s programmes, functions and activities have led to achievement of stated objectives or goals during the year in question. Annual reports shall therefore, include the following information:

(a) A descriptive statement giving background information about a programme, function or an activity including elements such as cost, time span, size, schedule, etc; (b) A statement of intended objectives which were to be achieved after implementation; (c) Environmental influences/factors during implementation; (d) Outcome/impacts in relation to the originally stated objectives; (e) An analysis on whether the activity in question has been managed efficiently and effectively as planned; and (f)

Recommendations and suggestions for future improvement of the Judiciary policies and programmes.

Unprinted Common – User Stationery C.10

Purchase of common-user stationery e.g. duplicating papers, biro-pens, paper clips, etc

must be done in accordance with the laid down Government procurement procedures.

Accountable Documents C.11

(i)

All accountable documents must be ordered from the Government Printer.

Accountable documents include the following:

(a) Receipt books, Cash books, Cheque books; (b) Vouchers; etc. 17

(ii)

With the sanction of the Government Printer the security documents referred to in

this regulation may be obtained from other sources in accordance with procurement regulations.

Economy in use of Stationery C.12

(i)

The utmost economy shall be exercised in the ordering and use of official

stationery. Official stationery must not be used for private correspondence.

(ii)

All stocks of official stationery shall be kept under lock and key and issued by a

responsible officer only when required.

Indents for Stationary C.13

(i)

All stationery ordered from the Government Printer or from the Supplies Branch

of the Ministry responsible for Public Works shall be requisitioned on the prescribed indent form S.12 (Revised).

(ii)

Acknowledgement of stores must be made on the triplicate copy of form S.12

(Revised) and returned to the Supplies Branch or to the Government Printer as the case may be.

If at any time this acknowledgement is not complied with, fresh issues of stores will not be made and the indent will be returned to the officer concerned until the acknowledgement of previous issues is received.

(iii)

Local procurement of stores from sources other than the Supplies Branch and the

Government Printer must be in accordance with the current procurement procedures.

18

Kenya Gazette C.14

Communications for the Kenya Gazette shall reach the Government Printer not later than

9.00 a.m. on Friday of the week before publication is desired. The Government Printer will not publish communication received after that hour until the next subsequent issue of the Gazette. Payment for advertising in the Kenya Gazette will be required.

Procurement of Goods and Services C.15

Procurement of goods and services shall be in accordance with Government procurement

procedures.

Official Seals C.16

The use of official seals in all offices must be confined strictly to official requirements.

The official seals shall be secured by the Heads of Stations/Departments.

19

SECTION D TERMS AND CONDITIONS OF EMPLOYMENT

Introduction This Section deals with general rules governing appointments, promotions, transfers, secondments and other related matters concerning employment in the Judicial Service. However, the procedures for Human Resource Management actions affecting this Section are laid down in the Judicial Service Commission Regulations which must be followed and applied in conjunction with the Regulations contained herein.

20

SECTION D TERMS AND CONDITIONS OF EMPLOYMENT

Regulation

Content

Page

D.1

Salary Structure …………………………………………..

23

D.2

Categories of Appointments ……………………………..

23

D.3

Powers and Procedures of appointment ………………….

23

D.4

Reporting Vacancies ……………………………………..

24

D.5

Record of Previous Employment and Qualifications ……

24

D.6

Medical Examination of Candidates …………………….

25

D.7

General Conditions of Employment ……………………..

25

D.8

Letters of Appointment……………………………………

25

D.9

Date of Appointment ……………………………………..

26

D.10

Office/Court Hours ……………………………………….

27

D.11

Employment of Pensioners ……………………………….

27

D.12

Appointment on Probation to the Permanent and Pensionable Establishment……………………………….

28

D.13

Age of Admission to the Pensionable Establishment……..

29

D.14

Confirmation in Appointment and Admission to Pensionable Establishment………………………………..

30

D.15

Procedure for Confirmation in Appointment …………….

30

D.16

Appointment on Agreement Terms……………………….

31

D.17

Appointment on Temporary Terms ………………………

31

D.18

Employment of Casuals ………………………………….

32

D.19

Address of an Officer’s Next-of-Kin …………………….

32

D.20

Certificate of Service …………………………………….

33

D.21

Certificate of Long Service for Members of the Subordinate Staff…………………………………………. 21

33

D.22

Testimonials and Commendatory Letters………………..

34

D.23

Schemes of Service ………………………………………

34

D.24

Promotions……………………………………………….

34

D.25

Dates of Promotion……………………………………….

35

D.26

Transfers to and from the Judicial Service ………………

37

D.27

Secondments ……………………………………………..

38

22

LIST OF APPENDICES Appendix Subject

Page

D.1

List of Job Groups in the Judicial Service…………………………

D.2

List of Authorities Empowered to make Appointments including

39

Acting Appointments, Promotions and Transfers…………………

44

D.3

Form JSC.3 - Certificate of Medical Examination…………………

45

D.4

Form JSC.4 - Letter of Appointment………………………………

46

D.5

Form JSC.5 - Letter of Temporary Appointment…………………

47

D.6

Next -of- Kin Form………………………………………………..

48

D.7

Form JSC.6 – Certificate of Service ………………………………

49

23

SECTION D TERMS AND CONDITIONS OF EMPLOYMENT Salary Structure D.1

The Job Groups assigned to the various salary scales in the Judicial Service are set out in

Appendix D.1 to this section.

Categories of Appointments D.2

Appointments in the Judicial Service are divided into the following main categories:

(i)

Permanent and pensionable;

(ii)

Permanent without pension benefits;

(iii)

Local agreement;

(iv)

Temporary;

(v)

Casual, hourly or daily paid.

Powers and Procedures of Appointment D.3

(i)

The authorities empowered to make appointments to offices in the Judicial

Service are listed in Appendix D.2.

(ii)

The procedures to be followed in filling vacant posts are set out in the Judicial

Service Commission Regulations.

(iii)

Appointments made under the powers delegated by the Judicial Service

Commission to the relevant authority shall be processed by that authority as may be determined by the Judicial Service Commission. 24

Reporting Vacancies D.4.

The Authorized Officer shall inform the Commission of all vacant posts within its

purview which are to be filled either in a substantive or acting capacity. Recommendations for filling vacancies in Job Group M1 and PLS 9 and above in a substantive or acting capacity must be transmitted to the Judicial Service Commission by the Secretary to the Commission.

Record of Previous Employment and Qualifications D.5

(i)

It shall be the duty of the relevant authority when making appointments or in

making recommendations for new appointments to ensure that a candidate’s record of previous employment is satisfactory in all respects. No candidate whose references are not satisfactory shall be engaged.

(ii)

When an appointment is conditional on the possession of specific educational,

professional or other qualifications, the originals of the relevant certificates shall be obtained from the candidate before s/he is engaged and examined to check their authenticity in order to ensure that s/he possesses the qualifications or the equivalent stipulated for appointment. The Ministry of Education shall be consulted in case of doubt regarding the genuineness or standard of certificates produced by the candidate. Certified copies of all relevant documents shall be retained in the personal file of the candidate for record.

(iii)

A candidate with a record of conviction in a court of law or dismissed from the

service as the case may be would be employed only with the approval of Judicial Service Commission.

(iv)

A candidate who has resigned from or whose appointment in the Judicial

Service has been terminated for any reason shall not be re-engaged without approval from the Judicial Service Commission

25

Medical Examination of Candidates D.6.

Every candidate whom it is proposed to employ (including candidate to be appointed on

temporary terms) is required to undergo medical examination by a Government Medical Officer, who shall complete the medical form - JSC.3 (Appendix D.3).

General Conditions of Employment D.7.

(i)

Before taking up duty, any person appointed to any office will be given the

appropriate letter of offer of appointment, which must be signed before s/he commences duties. Instructions for payment of salary shall not be issued until the letter of appointment or agreement has been signed. Any officer who authorizes such payments will be held responsible for any loss to the Government which may arise from failure to comply with this requirement.

(ii)

An offer of appointment may be withdrawn if the candidate does not signify in

writing their acceptance of the offer of appointment or agreement within two months of the date it is sent.

Letters of Appointment D.8

(i)

An officer appointed on probation to the permanent and pensionable

establishment shall be issued with a Letter of Appointment on Form JSC.4 (Appendix D.4).

(ii)

An officer appointed directly to the permanent and pensionable establishment,

e.g. after a period of service on Agreement, shall be offered the appointment in writing, and shall be required to accept the offer in writing and then given a Letter of Appointment on Form JSC.4 (Appendix D.4) suitably amended.

26

(iii)

An officer appointed on temporary terms shall be issued with a Letter of

Temporary Appointment on form JSC.5 ( Appendix D.5)

(iv)

An officer appointed on agreement terms shall be issued with the appropriate

form of agreement.

Date of Appointment D.9

(i)

An appointment made from within Kenya will take effect from the date of

assumption of duty or where the person is resident in a place other than that to which s/he is posted, from the date of leaving their place of residence to take up duties, provided the Authorized Officer is satisfied that s/he traveled by most direct route and report for duty on the first working day of his/her arrival to take up the appointment.

(ii)

An appointment made from outside Kenya shall take effect from the date of

departure for Kenya, provided that the Authorized Officer is satisfied that the officer traveled by the most direct route to take up the appointment and reported on the first working day after arrival.

(iii)

Where an officer serving on temporary terms or agreement terms is appointed on

probation/permanent and pensionable terms or an officer serving on temporary terms is appointed on agreement, the date from which the probationary, pensionable or agreement appointment may take effect will be the first day of the month during which a recommendation to the effect is addressed by the Secretary to the Judicial Service Commission, to the authority empowered to make the appointment or such earlier date as the authority concerned may decide depending on the circumstances of each case.

27

Office/Court Hours D.10

(i)

Office hours: (a)

Nairobi Monday to Friday

:

8.00 a.m. to 1.00 p.m. 2.00 p.m. to 5.00 p.m.

(b)

Mombasa Monday to Friday

:

7.45 a.m. to 12.30 p.m. 2.00 p.m. to 4.30 p.m.

(c)

All other stations Office hours will be fixed by the Chief Justice, on the understanding that offices are to be officially open for a total period of not less than fourty (40) hours per week.

(d)

After office hours Though the general office hours will be as stated above, Heads of Station/Department/Section will not be restricted to utilizing their staff during hours when there is any cause requiring their services either earlier or later.

(ii)

Court hours The courts shall sit from 9.00 a.m. to 1.00 p.m. and 2.00 p.m. to 5.00 p.m. in all working days except on Fridays in stations outside Nairobi where court business will close at 4.30 p.m.

Employment of Pensioners D.11

It is the policy of the Judicial Service not to re-employ its own pensioners or those of

other administrations but if it proves essential to do so, they shall be employed only on

28

temporary terms of service other than in the following exceptional circumstances when an agreement may be issued by the Judicial Service Commission:

(i)

The post to be filled is an important one.

(ii)

The only suitable candidate available to fill it is a pensioner.

(iii)

It is essential to secure his/her services and this can only be done by offering agreement terms.

Appointment on Probation to the Permanent and Pensionable Establishment D.12 (i)

Where vacancies exist in the permanent and pensionable establishment, candidates

recruited to fill such vacancies shall be appointed on probation to the permanent and pensionable establishment.

(ii)

It will be the responsibility of the relevant authority or the Chairman of the

Judicial Service Commission, as the case may be, to ensure that candidates appointed to fill vacancies in the permanent establishment are not appointed on temporary terms.

(iii)

An officer appointed on probation to the pensionable establishment must be

regarded as being on trial with a view to learning his/her work and being tested as to his/her suitability for it. It is the duty of the senior officers to ensure that every officer on probation is given adequate opportunities to qualify for confirmation in appointment.

(iv)

At least four (4) months before the expiry of the probationary period, the

Authorized Officer shall consider in the light of the reports on the officer’s conduct and capabilities whether or not the officer is suitable for confirmation.

(v)

If there is any doubt any time whether an officer will be suitable for admission to

the pensionable establishment on the completion of one year service and there are indications that the probationary period will have to be terminated or extended, the fact shall be stated in the 29

officer’s confidential report. The officer shall be warned immediately and informed of his/her shortcomings or faults, and it shall be stated in the report that s/he has been so warned and informed.

(vi)

If an officer has been appointed to the Judicial Service from another institution of

the Public Service, in which s/he has already been admitted to pensionable establishment, pensionable status shall be accorded to the officer automatically. If the officer was not so admitted before his/her appointment, s/he would be required to serve the full period of one year probation after his/her appointment. The probation period, however, may be reduced with the approval of the Judicial Service Commission.

Age of Admission to Pensionable Establishment D.13

(i)

Appointment to the pensionable establishment shall be restricted to officers who

will be in a position to complete the ten years’ service required to qualify them for the grant of a pension before they reach the compulsory retirement age.

It is realized that special

circumstances may occur from time to time which may justify variations in the application of the general principle, and such cases shall be submitted for the consideration of the Judicial Service Commission.

(ii)

Officers will be required to produce a birth certificate as evidence of their age on

admission to the pensionable establishment.

(iii)

For the purposes of this regulation and for the officer’s subsequent retirement

from the service, a birth certificate issued after the date of first appointment will not be accepted unless the date of birth shown in the certificate tallies with the date of birth declared by the officer in the Application for Employment Form JSC.2 or its predecessor as the case may be, completed and signed by him/her prior to his/her appointment.

30

Confirmation in Appointment and Admission to the Pensionable Establishment D.14

(i)

An officer appointed to the service in a pensionable post shall be confirmed in

appointment and admitted into the permanent and pensionable establishment on completion of probationary period of one year satisfactory service or probation, provided that s/he has clearly demonstrated his/her suitability for the permanent appointment and recommended by his/her Head of Station/Department, complied with the relevant regulations regarding the passing of examinations.

(ii)

Service on temporary or agreement terms may be taken into account either in part

or in full as probationary service at the discretion of the confirming authority, in the case of an officer who has been appointed on probation to the permanent and pensionable establishment without a break in service, provided that no change has occurred in his/her grade and the officer has clearly demonstrated his/her suitability for permanent appointment during his/her temporary or agreement service. If there is any doubt regarding such an officer’s suitability for confirmation or if the post to which s/he has been appointed on probation is of different nature from the post s/he formerly occupied, s/he may be required to complete not less than one year service on probation before being considered for confirmation in his/her appointment.

Procedure for Confirmation in Appointment D.15. (i)

The powers of confirmation of officers in their appointments and extension or

termination of their probationary appointments are vested in the authorities listed in Appendix D.2.

(ii)

The procedure to be followed in the case of appointments which fall within the

purview of the Judicial Service Commission are set out in its regulations and similar procedures shall be followed by the authorized officer and other officers when exercising the powers of 31

confirmation, extension or termination of probationary appointments conferred on them or delegated to them.

(iii)

The supervising officers will make a confidential report on the officers suitability

or otherwise for confirmation.

(iv)

No action shall be taken to extend or terminate a probationary appointment unless

the officer concerned has first been so informed of such an intention and of his/her right to make representations within a specified period.

Appointment on Agreement Terms D.16

(i)

Where vacancies cannot be filled on pensionable terms because of the non-

availability of suitable persons, candidates recruited to fill such vacancies shall be appointed on agreement terms if the period involved so justifies.

(ii)

When an officer is serving on agreement, the Authorized Officer will notify

him/her in writing whether it is proposed to offer him/her further employment and on what terms at least three (3) months before the expiry of the contract. The officer will thereupon signify his/her acceptance or rejection of the offer. The authority empowered to approve renewal of such contract will still be required to regularize the renewal.

Appointment on Temporary Terms D.17

(i)

Appointment on temporary terms will be confined to those cases where the

service of an officer would not normally be required beyond a period of 12 months or where a candidate does not qualify for appointment to the particular vacancy other than on temporary terms under the Judicial Service Commission Regulations or where the establishment is of a temporary nature.

32

(ii)

Employment of officers in Job Groups M1 and PLS 9 and above on temporary

terms for periods in excess of 12 months will require the approval of the Judicial Service Commission.

Employment of Casuals D.18

(i)

The Authorized Officer will be responsible for approving the hiring of casual

workers after ascertaining that there is need to hire them and that funds are available within their budgetary provisions to meet the resultant expenditure.

(ii)

The casual workers shall be hired on piece rated or time rated jobs and shall be

paid in accordance with the minimum wage guidelines issued by the Government from time to time. Due care shall be taken to avoid hiring the same casual workers repeatedly to avoid breaching existing labour laws on the same.

Address of an Officer’s Next-of-Kin D.19

(i)

An officer is required to complete a next-of-kin form shown in Appendix D.6 and

shall notify any change in name and address of next-of-kin to the Authorized Officer in order that the particulars may be kept up to date. It is desirable that an officer who is not permanently resident in Kenya shall also give the address of one or more close relatives or friends in his/her country of origin with whom communication can be made if necessary.

(ii)

The Next-of-Kin is not a legal representative of the officer in case of the officer’s

death or insanity.

33

Certificate of Service D.20

(i)

Form JSC.7 – Certificate of Service (Appendix D.7) will be issued to an officer,

on request, upon his/her retirement, resignation, dismissal or termination of appointment. The Chief Justice or the Authorized Officer as the case may be, when completing the certificate shall bear in mind that its main purpose is for use as a reference covering the officer’s period of service in the Judicial Service when the time comes for him/her to seek other employment. It follows that the Chief Justice or the Authorized Officer, as the case may be, when completing such a certificate shall give in it that information which a prospective employer might fairly expect to obtain from the person who had previously employed the officer.

(ii)

The certificate will be signed by the Chief Justice or the Authorized Officer, as

the case may be, and countersigned where signed by the Registrar, by the Chief Justice. A copy of the certificate will be filed in the officer’s personal file.

(iii)

In the case of an officer who has not rendered satisfactory service during his/her

employment, care shall be taken to ensure that the certificate is carefully worded so as to give the officer credit for any good qualities which s/he may have shown so that it does not, through lack of precision or by the bare expression of general adverse opinion, have the effect of prejudicing the officer’s chances of obtaining subsequent employment of a kind for which s/he may be more suitable elsewhere. It shall not be necessary to add anything on the reverse of the certificate unless the officer’s service has been definitely unsatisfactory, when any extenuating circumstances may be emphasized.

Certificate of Long Service for Members of the Subordinate Staff D.21

(i)

A certificate of long service will be issued to members of the subordinate staff

upon completing 25 years’ service, even though the officer remains in the service after that time, in addition to this an award of ten thousand Kenya shilling (10,000/-) shall be paid.

34

(ii)

The certificate must be signed personally by the Chief Justice.

(iii)

A certificate may be issued only on the approved form, supplies of which may be

obtained from the Human Resource Management Department. These forms shall be kept in safe custody and shall be issued only in accordance with the instructions contained in paragraphs (i) and (ii) of this regulation. A record shall be kept of issues in order to avoid fraudulent use of the forms.

Testimonials and Commendatory Letters D.22

Testimonials and Commendatory letters may be given by officers on their subordinates

by supervisors as a way of motivating their staff for exemplary service.

Schemes of Service D.23

The grading structure, qualifications and other requirements for recruitment into the

Judicial Service are laid down in the various Schemes of Service issued by the Commission.

The Schemes of Service must be followed in processing appointments and

promotions of officers in their respective fields of employment.

Promotions D.24

(i)

The authorities empowered to approve promotions of officers in the Judicial

Service are set out in Appendix D.2.

(ii)

In selecting candidates for promotion, regard will be given to merit and ability as

reflected in work performance and results, as well as seniority, experience and official qualifications. As between officers of the same grade, qualifications, proved merit, ability as reflected in work performance and suitability for the vacancy in question will be given more weight than seniority. 35

(iii)

Recommendations made to the Judicial Service Commission for promotion shall

state whether the officer recommended is the senior-most officer in the grade eligible for promotion and, where this is not the case, detailed reasons shall be given in respect of each person in that grade over whom it is proposed that the person recommended shall be promoted.

(iv)

Promotions made under delegated powers must be processed through the Human

Resource Management Selection Board.

Dates of Promotion D.25

(i)

Subject to paragraphs (ii) to (iv) of this regulation the date of an officer’s

promotion will be the date of the Judicial Service Commission or the Human Resource Management Selection Board decision, or the date of the occurrence of a vacancy, whichever is the latter. This regulation will apply:-

(a)

Whether the post is filled after advertisement or without advertisement.

(b)

Whether the officer is on an official course of instruction or annual or vacation leave at the date of the Judicial Service Commission or the Human Resource Management Selection Board’s decision.

(ii)

If an officer has been appointed by the Judicial Service Commission or the

relevant authority to act in a post and is subsequently promoted to it substantively without any interval between the appointment in an acting capacity and the date of his/her substantive promotion, the effective date of promotion will be the date on which s/he commenced to act, or the date of the occurrence of the vacancy, whichever is the latter.

(iii)

If an officer has been appointed by the Judicial Service Commission or the

relevant authority to act in a post on trial with a view to assessing his/her suitability for substantive appointment to it, the date of his/her promotion, if s/he is subsequently found suitable 36

for substantive appointment to it, will be the date of the Judicial Service Commission’s or the relevant authority’s letter authorizing the acting appointment or the date of the occurrence of the vacancy, whichever is the latter.

(iv)

If an officer has been appointed to act in a post, and subsequently ceases to act in

it solely as a result of his/her going on leave or on official course of instruction (whether in Kenya or elsewhere), and is subsequently promoted to it whilst still on leave or on a course, the effective date of promotion will be the date on which s/he commenced to act in it or the date of the occurrence of the vacancy, whichever is the latter. This rule will also apply if the officer has been re-appointed to act in the post immediately after completing the course of instruction and is later promoted to it.

(v)

In the case of an officer who passes an examination qualifying him/her for

consideration for promotion, the date of promotion will be the date of the Judicial Service Commission’s or the Human Resource Management Selection Board’s decision authorizing the promotion or the date on which s/he passed the examination if that is earlier and the vacancy existed at that date or from such subsequent date on which a vacancy occurs. In the case of an examination lasting for more than one day, the date of passing will be considered to be the last day of the examination.

(vi)

The principles set out in this regulation will apply in the case of posts outside the

purview of the Judicial Service Commission including posts on which the Commission has delegated its powers to the Authorized Officer.

(vii)

In case of common establishment, the date of promotion will be the date the

officer qualifies for promotion provided there is no adverse report.

37

Transfers to and from the Judicial Service D.26

(i)

Negotiations for transfers to and from the Judicial Service and another

administration must be conducted through the Head of that administration and the Judicial Service Commission.

(ii)

An officer can only be considered for a transfer if the service of the other

administration in which s/he has applied for appointment, has been declared to be “public service” for purposes of the Pensions Act (Cap.189).

(iii)

An officer seeking appointment in another administration must submit his/her

application through the Secretary or the relevant authority, as the case may be, who shall transmit it with his/her comments to the other administration concerned.

(iv)

If an officer is offered appointment in another administration requests for his/her

transfer, the request shall be made by the Head of that administration to the Secretary or the relevant authority, as the case may be.

(v)

An officer who is offered appointment in another administration other than in

accordance with the procedures set out in this regulation will be required to resign his/her appointment in the Judicial Service if s/he wishes to take up the post offered to him/her.

(vi)

An officer serving on non-pensionable terms of service will not be allowed to

transfer to another administration and will be required to resign his/her appointment if s/he wishes to take up employment with the other administration.

38

Secondments D.27

(i)

Secondments of officers from the Judicial Service to other organizations will

normally be arranged for periods not exceeding three (3) years without renewal and will be confined to pensionable officers.

(ii)

Approval for secondments will be given by the Chief Justice after careful

consideration of each individual case and will, normally, be subject to re-imbursement of the following by the administration to which the officer is seconded:-

(a)

Pension contribution at the rate of 31% of an officer’s basic salary in the Judicial Service during the term of his/her secondment due account being taken of any notional annual increments to which s/he may be entitled.

(b)

A traveling/subsistence or other expenses directly related to the secondment, from the Judicial Service to the other administration.

(iii)

Secondments from the Judicial Service to other administrations will be

authorized only in those cases where in the absence of reciprocal transfer arrangements for pension purposes, an officer cannot be transferred with the preservation of pension rights earned by him/her in respect of his/her service with the Judicial Service.

39

APPENDIX D.1 (Reference Regulation D.1)

JOB GROUPS IN THE JUDICIARY CATEGORY ‘A’ - PARA-LEGAL STAFF (PLS) 1.

PLS 1 Support Staff II

2.

PLS 2 Support Staff I

3.

PLS 3 Driver III Artisan III Process Server III Senior Support Staff

4.

5.

PLS 4 Process Server III

Telephone Operator II

Driver II

Clerical Officer

Storeman II

Artisan II

PLS 5 Process Server IIA

Higher Clerical Officer

Driver I

Archives Assistant I

Storeman I

Artisan I

Telephone Operator I

40

6

7.

PLS 6 Process Server I

Library Assistant III

Senior Driver II

Senior Telephone Operator II

Senior Storeman

Senior Clerical Officer

Copy Typist II

Senior Archives Assistant III

PLS 7 Accountant III

Accounts Assistant

Senior Court Assistant

Human Resource Management

Supplies Assistant

8.

Assistant III

Supplies Officer III

Copy Typist I

Shorthand Typist II

Senior Assistant Librarian

Library Assistant II

Senior Telephone Operator I

PLS 8 Shorthand Typist I Senior Copy Typist Accountant II Human Resource Management Officer II Legal Assistant II Supplies Officer II Library Assistant I

9.

PLS 9 Personal Secretary II Accountant I Human Resource Management Assistant I Supplies Officer I Senior Library Assistant

41

10.

PLS 10 Senior Accountant Human Resource Management Officer I Personal Secretary I

11.

PLS 11 Chief Executive Officer Chief Accountant Senior Personal Secretary Chief Human Resource Development Officer II Senior Human Resource Development Officer

12.

PLS 12 Chief Human Resource Management Officer I Accounts Controller Senior Economist I Executive Secretary

13.

PLS 13 Principal Accounts Controller Senior Executive Secretary

14.

PLS 14 Principal Secretarial Services Officer

15.

PLS 15 Deputy Director of Human Resource Management Officer Chief Court Administrator

42

CATEGORY ‘B’: MAGISTRATES, DEPUTY REGISTRARS AND KADHIS 1.

M1 Kadhis II

2.

M2 Kadhi I

3.

R1/M3 Resident Magistrate II

4.

R2/M4 Deputy Registrar Resident Magistrate I

5.

R3/M5 Senior Deputy Registrar Senior Resident Magistrate

6.

R4/M6 Principal Deputy Registrar Principal Magistrate Chief Kadhi

7.

R5/M7 Senior Principal Magistrate

8.

R6/M8 Chief Magistrate 43

CATEGORY ‘C’: REGISTRAR 1.

R8 Registrar High Court

CATEGORY ‘D’ CHIEF JUSTICE AND JUDGES 1.

Band A3 Judge of the High Court

2.

Band A2 Judge of Appeal

3.

Band A1 Chief Justice

44

APPENDIX D.2 (Reference Regulation D.3 and D.15)

LIST OF AUTHORITIES EMPOWERED TO MAKE APPOINTMENTS INCLUDING ACTING APPOINTMENTS, PROMOTIONS AND TRANSFERS

Authorities empowered to make appointments

Officers

(i)

(ii)

Chief Justice

The President

Judges of Appeal and High Court Judges

The President acting in accordance with the advice of the Judicial Service Commission. The Judicial Service Commission The Judicial Service Commission The Judicial Service Commission.

Magistrates and Kadhis Para-legal staff in Job Groups PLS 9 and above. All officers in Job Groups PLS 8 and below; or on a salary which does not exceed the maximum of PLS 8; or in respect of employment on temporary terms in any office for a period not exceeding 12 months or in respect of transfers within the Judicial Service and between it and other administrations of the Public Service.

45

Authorities to whom powers have been delegated (iii)

The Authorised Officer on advice of the Human Resource Management Committees.

APPENDIX D.3 (Reference Regulation D.6) Certificate of Medical Examination (To be completed in Duplicate)

JSC.3

JUDICIAL SERVICE PART I (Name and address) TO:

The Medical Officer I/c…………………………………………………………….

Name:

*Mr/Mrs/Miss …………………………………. is sent herewith for medical examination as a candidate for *temporary/contract/permanent employment/fitness to extend tour by ……………………………….. month as …………………….. Signature……………………….

…………………………(Designation)

PART II I HEREBY CERTIFY that I have this day examined the above-named candidate and that in my opinion *he/she is *fit/unfit for *temporary/Contract/permanent service/extension of tour by ………… month as………………………. in the Judicial Service………………….. station. Date ………………………………

…………………………………. MEDICAL OFFICER

NOTES:

Part I of the form to be completed in duplicate by the Officer sending the candidate for examination. Part 2 of the form to be completed by the Medical Officer, who will return one copy to the Judicial Service *Delete whichever is inapplicable.

46

APPENDIX D.4 (Reference Regulation D.8) THE JUDICIAL SERVICE …………………………….

LETTER OF APPOINTMENT JSC.4 DATE…………………. TO: ……………………………………… Subject to your acceptance of the terms of this letter you are hereby appointed on probation as ……………………… in the Judicial Service of the Republic of Kenya, with effect from the ………………………….. (date) The salary attached to your post is at the rate of KShs………… in the basic scale (KShs…………..) and your incremental date will be …………………………….

The normal period of probation is one year but this may be extended, or the appointment may be terminated before completion of that period.

If you are confirmed in your appointment, you will be eligible on retirement to benefits in accordance with the provisions of the Pension’s Act, Cap.189 of the Laws of Kenya.

You will be subject to all regulations for officers of the Judicial Service which are now in force or which may be promulgated from time to time.

You are liable to be posted to any station within Kenya to discharge the duties of your office. ……………………………………………………………………………………….. SECRETARY THE JUDICIAL SERVICE COMMISSION

I hereby accept the appointment subject to the terms of this letter. …………………………………. EMPLOYEE

Date………………………….. Note:

Original to be retained by the employee

Copies to:

Registrar Station File

47

APPENDIX D.5 (Reference Regulation D.8) LETTER OF TEMPORARY APPOINTMENT JSC.5

THE JUDICIARY Date: …………………. To: ……………………….. Subject to your acceptance of the terms of this Letter you are hereby appointed as ………………… in the Judicial Service of Kenya, with effect from the…………….. …………

The salary attached to your post is at the rate of KShs.………… per annum in the Scale KShs.…………………….

to

KShs.

………………..

and

your

incremental

date

will

be……………………………………..

The appointment is purely temporary and carries with it no guarantee of permanent employment. It can be terminated by ……………………… notice on either side or payment of equivalent salary in lieu of notice.

You will be subject to all regulations for officers of the Judicial Service of Kenya which are now in force or which may be promulgated from time to time.

You are liable to be posted to any station within Kenya to discharge the usual duties of your office. ............................................................ SECRETARY - JUDICIAL SERVICE COMMISSION

……………………… EMPLOYEE

I hereby accept the appointment subject to the terms of this letter. Date: ……………………………… Original to be retained by the employee Copies to:

Registrar Station file

48

APPENDIX D.6 (Reference Regulation D.19) NEXT-OF-KIN FORM J.S.C. 6 PARTICULARS OF OFFICER Surname ……………………………………………………………………………………… First Names: …………………………………………………………………………………. Other Names: ………………………………………………………………………………… Date of first Appointment …………………………………………………………………… Designation ………………………………………………………………………………….. Station ………………………………………………………………………………………..

PARTICULARS OF NEXT-OF-KIN Full Name …………………………………………………………………………………… Relationship to officer ………………………………………………………………………. Address ……………………………………………………………………………………… Tel. No. ……………………………………………………………………………………… E-mail ………………………………………………………………………………………..

PARTICULARS OF ALTERNATIVE NEXT-OF-KIN (In case the person named above cannot be traced) Full Name …………………………………………………………………………………… Relationship to officer ………………………………………………………………………. Address ……………………………………………………………………………………… Tel. No. ……………………………………………………………………………………… E-mail ………………………………………………………………………………………. Station ………………………………………………………………………………………. Date ……………………………………… ……………………………… Signature of officer

PARTICULARS SHALL BE TYPED OR WRITTEN LEGIBLY IN BLOCK LETTERS

49

APPENDIX D.7 (Reference Regulation D.20) JSC.7 JUDICIAL SERVICE OF THE REPUBLIC OF KENYA

CERTIFICATE OF SERVICE Name …………………………………………………………………………………………… Position ………………………………………………………………………………………… Period of service: From ………………………………

to: ………………………………….

Reason for termination of engagement ………………………………………………………… Efficiency ……………………………………………………………………………………… General conduct ………………………………………………………………………………..

This Certificate has been issued without any erasure or alteration whatsoever.

Date:

………………………………………………………………………………………..

CHIEF JUSTICE/AUTHORIZED OFFICER

…………………………………………… Countersigned by CHIEF JUSTICE

Assessment: Efficiency and general conduct

50

SECTION E STAFF PERFORMANCE APPRAISAL

Introduction This Section provides guidelines for writing appraisal reports. The purpose of the Staff Performance Appraisal is to assess an officer as comprehensively and objectively as possible, with the help of full knowledge and understanding of the job content and the officer’s performance in that job. The information recorded in the report is used in assessing the officer’s training needs and as a guide to the officer’s potential for advancement in his/her career. It is therefore, important that Staff Performance Appraisal reports shall be accurate, realistic and as informative as possible. Reporting and countersigning officers shall mention any important quality which an officer possesses to a marked degree or in which s/he is deficient.

51

SECTION E STAFF PERFORMANCE APPRAISAL Regulation Content

Page

E.1

Objective of Staff Performance Appraisal …………………………….

53

E.2

Submission of Staff Performance Appraisal Reports …………………

53

E.3

Reports on Exemplary Performance …………………………………..

54

E.4

Staff Competencies and Values ……………………………………….

54

52

LIST OF APPENDICES

Appendix Subject E.1

Page

Performance Appraisal Form……………………………………….

53

56

SECTION E STAFF PERFORMANCE APPRAISAL

Objective of Staff Performance Appraisal E.1

The overall objective of the Staff Performance Appraisal is to improve the performance

of the Judicial Service by enabling a higher level of staff participation and involvement in planning, delivery and evaluation of work performance. This appraisal system will apply to all category of staff in the Judicial Service.

The specific objectives are to: 

Link individual performance with organization performance;



Enable supervisors and appraisees to continuously assess work progress;



Promote accountability in the Judicial Service;



Set the basis on which an officer’s performance is monitored and evaluated as stipulated in the individual work plan;



Improve the quality of work through better planning, on-going discussions and fair participatory appraisal.

Submission of Staff Performance Appraisal Reports E.2

(i)

Staff Appraisal Reports in Form J.S.C. 8 as shown in Appendix E.1 shall be

submitted annually before the 31st January of the succeeding year.

(ii)

The appraisal period will cover one year from 1st July to 30th June of the

following year.

The Performance Appraisal will reflect the summation of the year’s

performance.

54

(iii)

The supervisor will discuss with the Appraisee his/her performance and comment

on the Appraisee’s performance as provided for in Part II and III of the Appraisal form.

Reports on Exemplary Performance E.3

In rare cases where an officer’s staff performance appraisal shows that his/her

performance over the period under review was exemplary, the countersigning officer may recommend to the Registrar, High Court, that an appropriate letter signed by the Chief Justice shall be issued to commend the officer’s excellent performance.

Staff Competencies and Values E.4

(i)

Achievement of performance targets will also depend on possession of certain

specific competences. Besides these competencies, it is important to ensure that results in the Judicial Service are realized through the observance of certain well defined values and ethics. A set of values and competencies have therefore been included in the Performance Appraisal System to ensure that they are appraised alongside the performance targets.

(ii)

Supervisors will discuss each competency and value with the appraisee at the

beginning of the appraisal period in order to be clear on the relevance of the competencies and values on the performance of the appraisee. This way mutual understanding will be achieved during discussions and appraisal.

(iii)

The following are the Judicial Service values, ethics and principles against which

staff will be appraised.

Values (a)

Integrity and honesty

(b)

Respect for National Diversity/Gender

(c)

Fairness 55

Core Competencies The following are the skills, behaviour and work related attributes against which staff will be appraised:(a)

Professionalism

(b)

Technical Competency

(c)

Communication

(d)

Teamwork

(e)

Time Management

(f)

Creativity

(g)

Continuous learning and Performance Improvement

(h)

Customer/Citizen Focus.

Managerial and Supervisory Competencies The following are the skills, behaviour and work-related attributes against which staff who have managerial and supervisory responsibilities will be appraised. (a)

Leadership

(b)

Planning and Organizing

(c)

Training and Developing Staff

(d)

Managing Resources and Accountability

(e)

Judgement and Objectivity

(f)

Managing Performance

(g)

Promoting use of Information Technology.

56

APPENDIX E.1 (Reference Section E)

JUDICIARY PERFORMANCE APPRAISAL FORM

Guide Notes:

Form JSC.8

1.

Before starting to complete this Report, it is important that these Guide Notes are read carefully and understood.

2.

The Report covers all employees in the Judiciary.

3.

The Report must be completed honestly, objectively and accurately.

4.

The information contained in the Report will be used in assessing the officer’s training and development needs and will also be used as a general guide to the officer’s potential for promotion and in disciplinary matters.

5.

The Report must be submitted annually before the 31st January, of the following year. However, appraisals may also be completed on performance in a current position before a promotion or job change, where necessary.

6.

The Registrar, High Court shall complete Part I of this form and forward it to the Chief Justice and the Chief Court Administrator shall complete Part I of this form and forward to the Chief Justice through the Registrar, High Court.

7.

All Magistrates, Deputy Registrars and Kadhis to complete Part I of this form. Part II to be completed by immediate supervisor or by the Registrar High Court. Part III to be completed by the Resident Judge.

8.

All paralegal staff in grades PLS 1 to PLS 15 to complete Part I. Part II to be completed by immediate supervisor and forwarded to the Registrar.

9.

The Appraisal reports in respect of judicial officers, the Registrar, High Court and Chief Court Administrator shall be retained by the Chief Justice, while those of the rest of paralegal staff shall be retained by the Registrar.

10.

Staff Appraisal Reports must be treated as strictly confidential.

11.

Every report must be discussed with the staff member and signed by both the supervisor and the staff member.

57

“All parts to be completed in full”

PART I (To be completed by the Staff Member) Period of Assessment:

From ……………………… To …………………………… PJ. No. …..............................

(i)

Personal Particulars Name ................................................................................................. (Male/Female) (in full, surname first, in capital letters) Date of Birth ................................................................................................................ Marital Status ..............................................................................................................

(ii)

Employment Record Date of 1st Appointment ............................................................................................. Designation on Appointment ...................................................................................... Current Designation ………………….………....Job Group ..................................... Date of 1st promotion ................................................................................................. Date of last promotion Job Group ………………………………………………… Department/Section ................................................................................................... Terms of service ........................................................................................................ Present basic salary Kshs. ........................................................................................

(iii)

Academic and Professional qualifications and any training or courses attended ................................................................................................................................... ...................................................................................................................................

(iv)

Staff member's self-assessment What do you consider are your main qualities or skills which make you suitable for performance of present job? ..................................................................................................................................... .....................................................................................................................................

58

“All parts to be completed in full”

What do you consider to be your main weaknesses that result in your performance being less than you would wish? ..................................................................................................................................... ..................................................................................................................................... ................................................................................................................................... Are there any specific factors which in your view hold back your performance? .............................................................................................................................. ............................................................................................................................. ............................................................................................................................ What further training do you consider necessary for your future performance and development? ..................................................................................................................................... .................................................................................................................................... .................................................................................................................................... Have you discussed your shortcomings with your supervisor? ................................................................................................................................... ................................................................................................................................... …………………………………………….. (Signature of Staff member being appraised) Date …………………………………………………

59

“All parts to be completed in full”

PART II (To be completed by immediate supervisor) (i)

Does the staff member adequately know or understand all aspects of his/her work? .................................................................................................................................... ....................................................................................................................................

(ii)

What aspects of the staff member's work has s/he performed exceptionally well? ..................................................................................................................................... .....................................................................................................................................

(iii)

What special assignment has the staff member carried out satisfactorily during the period under review? ....................................................................................................................................... .......................................................................................................................................

(iv)

Outline areas where improvements are required in staff member's work output? ........................................................................................................................................ ……………………………………………………………………………………...

(v)

How does s/he relate to (a)

Subordinates?

....................................................................................................................................... ....................................................................................................................................... (b)

Superiors?

....................................................................................................................................... ....................................................................................................................................... (c)

Members of the public?

……………………………………………………………………………………… ……………………………………………………………………………………… (vi)

Does the officer respect: (a)

National Diversity? ………………………………………………………………………………. 60

(b)

Gender? …………………………………………………………………………….

(vii)

Is the staff member capable of working independently? ....................................................................................................................................... …………………………………………………………………………………….. ……………………………………………………………………………………..

(viii)

Comment briefly on the quantity and quality of work of the staff member. ....................................................................................................................................... .......................................................................................................................................

(ix)

Is the staff member reliable? ....................................................................................................................................... .......................................................................................................................................

(x)

Is the staff member neat and smart? ....................................................................................................................................... .......................................................................................................................................

(xi)

Comment on the staff member's absenteeism and punctuality record. ....................................................................................................................................... .......................................................................................................................................

(xii)

Outline constraints or special circumstances which might have affected the staff member's performance during the period under review. ....................................................................................................................................... .......................................................................................................................................

(xiii)

In what way have you tried to reduce these constraints? ....................................................................................................................................... .......................................................................................................................................

(xiv)

Indicate areas of training which would benefit the staff member's performance at work. ......................................................................................................................................... .......................................................................................................................................... ……………………………………………………………………………………….

61

All parts to be completed in full”

(xv)

Does the staff member possess the ability to learn quickly? ........................................................................................................................................ .......................................................................................................................................

(xvi)

Does the officer promote the use of Information Technology in his/her station/section? ………………………………………………………………………………………..

(xvii) What is your assessment of the staff member's overall performance during the period under review (please circle one only) (1)

Unsatisfactory

(2)

Average

(3)

Good

(4)

Very Good

(xviii) Have you discussed with the staff member his/her shortcomings? ....................................................................................................................................... ....................................................................................................................................... (xix)

Any other comment ……………………………………………………………..... Name and designation of the appraising officer ...................................................................................................................................... Designation ………………………………

PJ.No. …………………………….

Signature ....................................................... and …………………………………. Date .............................................................................................................................

(To be completed by staff member being appraised)

I confirm that my immediate supervisor has discussed this report with me. Name of officer ………………………………………………………………………………. PJ.No. ……………………………………………………………………………………….... Signature …………………………………………………………………………………….. Date ………………………………………………………………………………………….. 62

“All parts to be completed in full”

PART III (To be completed by the Judge- in- charge in respect of Judicial Officers)

(i)

Does the officer present information, facts and the law in a clear concise manner? ....................................................................................................................................... ....................................................................................................................................... .......................................................................................................................................

(ii)

Comment on the quality of the officer’s judicial decisions and professionalism. ....................................................................................................................................... ....................................................................................................................................... .......................................................................................................................................

(iii)

What areas of his/her judicial work require improvement? ....................................................................................................................................... ........................................................................................................................................ ........................................................................................................................................

(iv)

Comment on the officer’s integrity. ......................................................................................................................................... ......................................................................................................................................... ..........................................................................................................................................

(v)

Comment on the officer’s quantity of work. ………………………………………………………………………………………..

(vi)

Comment on the officer’s general disposition and temperament ……………………... …………………………………………………………………………………………

(vii)

Any other remarks ……………………………………………………………………. …………………………………………………………………………………………

63

“All parts to be completed in full”

Name of appraising Judge ................................

Signature .............................................................

Date .....................................................................

(To be completed by the Judicial Officer being appraised)

I confirm that the Judge-in-charge has discussed this report with me. Name of officer ……………………………………………………………. PJ.No. ……………………………………………………………………… Signature …………………………………………………………………… Date ………………………………………………………………………….

64

SECTION F RULES OF CONDUCT

Introduction Regulations governing conduct in the Judicial Service and the procedure to be followed in cases of breach of discipline are to be found in the Constitution of Kenya, the Service Commissions Act (Cap.185), the Public Officer Ethics Act, 2003, the Judicial Service Code of Conduct and Ethics, and the Judicial Service Commission Regulations. This section contains general rules of conduct to be observed by an officer so as to maintain his/her integrity and also uphold the dignity of the Judicial Service. Each officer of the Judicial Service occupies a special position within the Public Service and shall ensure that his/her conduct both in public and in private life does not bring the Judicial Service into disrepute.

65

SECTION F RULES OF CONDUCT

Regulation Content

Page

F.1

Private interests .................................................................................

68

F.2

Declaration of Income, Assets and Liabilities ……………………

69

F.3

Employment during leave of absence ...............................................

69

F.4

Private agencies .....................................……………………………

69

F.5

The Media………………………………………………………….

70

F.6

Official Secrets ....................................................................................

70

F.7

Communication with Members of the National Assembly ................

71

F.8

Contesting for elections as a member of the National Assembly or Local Authority ....................................................................................

72

F.9

Political activity and attendance at political meetings ..........................

72

F.10

Presents ………………………………………………………............

73

F.11

Sale of Property to the Judiciary .............................................................

73

F.12

Criticism of other Governments ............................................................ .

74

F.13

Canvassing…………… ...........................................................................

74

F.14

Liability of officers to be posted to any station .......................................

74

F.15

Absence from Kenya………………………............................................

74

F.16

Absence from duty without permission ....................................................

74

F.17

Absence from duty on grounds of ill health...............................................

75

F.18

Pecuniary embarrassment ..........................................................................

75

F.19

Reports in cases of bankruptcy and judgment-debt ...................................

76

F.20

Reports in cases of criminal proceedings ...................................................

77

F.21

Improper use of stores and exhibits ............................................................

77

F.22

Loss of public funds and other assets through neglect or fault ..................

77

66

F.23

Definition of loss of public funds and other assets......................................

78

F.24

Recovery of loss of public funds and other assets.......................................

79

F.25

Powers of the Judicial Service Commission ...............................................

81

F.26

Interdiction/Suspension .................................................................................

82

F.27

Disciplinary procedure ..................................................................................

83

F.28

Appeals …………………………………………………………………..

84

F.29

Reviews ………………………………………………………………….

84

F.30

Defence of officers in criminal proceedings ……………………………..

85

F.31

Defence of officers in civil suits ………………………………………….

85

F.32

Administrative arrangements ……………………………………………..

86

F.33

Defamation proceedings ………………………………………………….

87

F.34

Necessity for an officer to seek Government’s consent before instituting civil proceedings …………………………………………………………

67

88

LIST OF APPENDICES Appendix

Subject

Page

F.1

Declaration of the Income, Assets and Liabilities ……………..

89

F.2

Official Secrets Act – Declaration form on Appointment …….

92

F.3

Official Secrets Act – Declaration form on Leaving Service …

93

68

SECTION F RULES OF CONDUCT Private interests F.1.

It is a requirement that all officers disclose their private interests. For the purpose of this

regulation, “private interest” includes the interest of a spouse, relative or business associate which may conflict with official duties. According to the provisions of the Public Officer Ethics Act, 2003 an officer shall:

(i)

Use his/her best efforts to avoid being in a position in which his/her personal interests conflict with his/her official duties;

(ii)

Not hold shares, corporate, partnership or of another body directly or through another person, if holding those shares or having that interest would result in the public officer’s personal interests conflicting with his/her official duties;

(iii)

Declare the personal interests to his/her superior or other appropriate body and comply with any directions to avoid the conflict and also refrain from participating in any deliberations with respect to the matter where such interests conflict with the official duties;

(iv)

Not award a contract or influence the award of the contract to him/herself, spouse, close relative, business associate, or a corporation, partnership or other body, in which the officer has an interest;

(v)

Not use his/her office to improperly enrich him/herself or another person or improperly use his/her office to acquire land and other property for him/herself or

69

another person, whether or not the land or property is paid for, for his/her personal benefit or for another; and

(vi)

Not use or allow the use of information acquired in connection with the public officer’s duties that is not public for his/her own benefit or others.

Declaration of Income, Assets and Liabilities F.2

Every officer shall on 1st appointment and annually thereafter submit a declaration of

income, assets and liabilities of himself, spouse(s) and dependent children under eighteen (18) years of the Judicial Service Commission of Kenya in accordance with the Public Officer Ethics Act, 2003. The appropriate form as shown in Appendix F.1 will be supplied annually as required.

Employment during leave of absence F.3

No officer on leave of absence may accept any paid employment without the prior sanction

of the Chief Justice.

Private agencies F.4

(i)

No officer may undertake any private agency in any matter connected with the

exercise of his/her public duties.

(ii)

No officer shall in a manner that may be detrimental to the security interests of

Kenya, be an agent for or further the interest of a foreign Government, organization or individual.

70

The Media F.5

(i)

An officer, without the express permission of the Chief Justice shall not:-

(a)

Work for any media in any capacity; or

(b)

Publish in any manner anything which may be reasonably regarded as a political or administrative nature, whether under his/her own name, under a pseudonym or anonymously.

(ii)

Subject to paragraph (i) of this regulation an officer may publish matters relating to

other subjects.

(iii)

An officer shall not, under any circumstances, communicate with the press either in

writing or by granting interviews or making statements on matters affecting Government programmes or policies of the Judicial Service without the specific authority of the Chief Justice.

(iv)

An officer, whether on duty or on leave of absence shall not grant an interview on

questions of public policy affecting Kenya or any other country without the permission of the Chief Justice.

(v)

Whilst it is not desired to interfere with an officer’s liberty of free speech, any lack

of discretion on his/her part likely to embarrass the Government or the Judicial Service may result in serious consequences for the officer responsible.

Official Secrets F.6

(i)

An officer is required to sign a declaration of secrecy under the Official Secrets Act

(Cap.187) on appointment and again on leaving the service of the Judicial Service Commission (Appendices F.2 and F.3). 71

(ii)

Authorized Officers shall bring to the attention of all the employees the provisions of

the official Secrets Act on an annual basis.

Communication with Members of the National Assembly F.7

(i)

The correct channel for communication on all official matters to Members of the

National Assembly who request for information on matters for which the Judicial Service is responsible, is through the Chief Justice. An officer who is personally approached by a member on such matters must courteously refuse to divulge information.

(ii)

When the member has been so advised the officer whom the request has been

transmitted shall inform the Registrar who will arrange to provide the Chief Justice with all the information necessary. The Chief Justice will take whatever action he considers to be appropriate.

(iii)

An officer is not permitted to make representations to a Member of the National

Assembly on matters affecting his/her individual terms and conditions of service. Proper channels of communication exist to enable officers to make representations regarding their personal affairs to the Chief Justice.

(iv)

An officer may not approach a Member of the National Assembly in order to

criticise Government policy.

(v)

If an officer is in doubt whether s/he shall or shall not enter into discussion on a

particular matter with a Member of the National Assembly, s/he must be guided by the principle that s/he can only discuss public matters which are factual and which are not contentious, secret, or confidential. The officer must not disclose any contrary advice that s/he knows has been tendered during discussions leading up to a statement of policy. S/he shall also bear in mind the provisions of the Official Secrets Act and the penalties which can be incurred by its contravention.

72

Contesting for election as a member of the National Assembly or a Local Authority F.8

An officer is not permitted to contest for election as a member of the National Assembly or

a Local Authority. An officer who decides to contest for such elections inspite of this prohibition will be required to resign his/her appointment before the date of nomination and will forfeit any leave and terminal benefits falling due to him/her after the day preceding nomination day. Such an officer will not be reinstated in the service shall s/he fail to be elected and, if s/he is subsequently appointed, such an appointment will be regarded for all purposes as a new appointment. This means that when s/he ultimately retires from service in circumstances entitling him/her to a pension or other retirement benefits, his/her earlier service will not be counted for pension purposes.

Political activity and attendance at political meetings F.9

(i)

An officer is entitled to his/her own views in political matters but is not permitted to

express those views publicly. Officers shall, therefore, confine themselves to recording their votes at elections. They shall in no case publicly indicate their support of a particular candidate or policy, either by signing nomination papers or in any other manner. In particular, making speeches or joining in demonstration in favour of any political person, party or propaganda, is prohibited.

(ii)

Whilst employees in judicial service may attend political meetings, if they so wish,

they are not permitted to participate in such meetings by making speeches, asking questions or by voting.

(iii)

Employees in judicial service may ask questions of political candidates privately.

Such questions may be answered publicly if the candidate so wishes, provided the anonymity of the questioner is preserved.

73

Presents F.10 (i)

An officer or members of his/her family are prohibited from receiving valuable presents

(other than the ordinary gifts of personal friends) whether in the form of money, goods, free passages or other personal benefits and from giving such presents which might be construed as being for the purpose of obtaining favours.

(ii)

In order to ensure that the officers do not feel obliged to contribute to collections in

which they have no personal interest, a request to make contributions signed by the Chief Justice/Registrar shall merely state the surrounding circumstances and also indicate the persons to whom contributions may be made.

(iii)

Presents from public personages which cannot be refused without giving offence,

will be forfeited to the state, unless the Government's prior permission has been obtained by an officer to retain the present. Applications for permission to retain a present shall be made to the Chief Justice with the details of the present together with its estimated value.

(iv)

When presents are exchanged between officers acting on behalf of the Government

in ceremonial intercourse with other Governments or their representatives, the presents received will be handed over to the Chief Justice, who shall direct the appropriate mode of disposal, and any reciprocal presents will be given, at the expense of the Judicial Service.

Sale of Property to the Judiciary F.11

If an officer wishes to dispose of any of his/her personal property or effects to the Judiciary,

the sale shall be by Government Procurement Procedures.

74

Criticisms of other Governments F.12

The extent to which an officer may be permitted to express his/her opinion of the actions of

a friendly government must necessarily be governed by the extent to which such expressions may be likely to embarrass the Government of Kenya in its relations with that Government.

Canvassing F.13

Judicial officers or other officers in judicial service shall not canvass either directly or

indirectly for any favours in the Judicial Service or in any other organization.

Liability of officers to be posted to any station F.14

Officers are liable to be posted to any station within Kenya to discharge the usual duties of

their offices.

Absence from Kenya F.15

A judicial officer and any other officer in the Judicial Service, who at any time wishes to

travel outside Kenya shall obtain prior permission of the Chief Justice.

Absence from duty without permission F.16

(i)

Where an officer is absent from duty without leave or reasonable or lawful cause for a

period exceeding twenty-four hours (24) and the officer cannot be traced within a period of ten (10) days from the commencement of such absence, or if traced, no reply to a charge of absence without leave is received from him/her within ten days after the dispatch of the charge to him/her, the authority empowered to dismiss him/her may summarily do so.

75

(ii)

An officer who has been absent from duty without leave or reasonable excuse may

be required to forego an amount which bears the same relation to his/her annual pay or salary as such period of absence bears to one (1) year.

(iii)

When an officer has been absent from duty without permission and has continued to

be paid leading to over payment, the amount in question may be recovered from his/her salary or any other monies due to him/her from the Government or may be sued for and recovered in any court of competent jurisdiction.

Absence from duty on grounds of ill-health F.17

An officer who absents him/herself from duty on the grounds of illness must produce proof

of sickness/sick leave certified by a medical practitioner in accordance with Regulation L.2. Shall s/he fail to produce a medical certificate, s/he shall be considered to be absent without leave and shall not be entitled to pay for any period of such absence, unless in circumstances in which in the opinion of the Chief Justice or the Registrar as the case may be, it was impossible for him/her to obtain a medical certificate and s/he was genuinely ill.

Pecuniary embarrassment F.18

(i)

Pecuniary embarrassment from whatever cause, will be regarded as necessarily

impairing the efficiency of an officer and rendering him/her liable to disciplinary proceedings.

(ii)

It is the policy of the Judiciary to give officers who are in debt every possible

opportunity to extricate themselves from their financial embarrassment, but there must be a limit beyond which an officer cannot be retained in the Judicial Service, in which case s/he must be retired in the public interest. In certain circumstances, it might even be necessary to consider dismissal, but this step will only be taken in case of a most serious nature and where indebtedness is not the only factor involved.

76

(iii)

The authorised officer will write personally to any officer who is reported upon as

being a judgment-debtor. In so doing, his/her attention shall be called to the provisions of paragraph (i) of this regulation and s/he shall be informed that the Government takes a very serious view of his/her indebtedness, and that s/he has rendered him/herself liable to disciplinary proceedings which could result in his/her removal from the service if rapid steps are not taken by him/her to improve his situation.

(iv)

When an officer is seriously indebted to the extent of more than six months' salary,

consideration shall be given to his/her removal from the service. The case shall be thoroughly investigated by the Registrar or a senior officer appointed by the Chief Justice by requiring the officer to state his/her case in person. If as a result of the investigation, there appears to be a reasonable chance that the officer concerned can set his/her affairs in order s/he shall be given an opportunity to do so, and a letter shall be addressed to him/her warning him/her that the verbal undertakings given by him/her during the interview must be carried out. S/he shall be informed in addition that if s/he does not reduce his/her debts, in accordance with the undertaking given by him/her or if s/he incurs fresh debts, disciplinary action will be invoked. S/he shall be required also to submit quarterly reports showing exactly the state of his/her finances and the amount which have been liquidated during the three months previous to the date on which the report is submitted.

(v)

When an officer's indebtedness requires that s/he shall no longer carry out duties in

which s/he might be tempted to appropriate for his/her own use public funds or stores, it may be necessary either to retire him/her in the public interest or to move him/her to a post where temptation cannot come his/her way.

Reports in cases of bankruptcy and judgment-debt F.19

Deputy Registrars and Magistrates will report to the Registrar every instance in which an

officer becomes a judgment-debt or proceedings are taken against an officer in bankruptcy.

77

Reports in cases of criminal proceedings F.20

Deputy Registrars of the High Court and Magistrates will report to the Registrar every

instance in which an officer is charged with a criminal offence. Proceedings for minor offences under, for example, the Traffic Act (Cap 403) and local by-laws may be disregarded and reports shall be confined to proceedings under the Penal Code and other Acts where a prison sentence may be imposed other than in default or payment of a fine.

Improper use of stores and exhibits F.21

Stores and exhibits may not be converted for personal use. Disciplinary action will be taken

against an officer making or receiving authorized issues.

Loss of public funds and other assets through neglect or fault F.22

(i)

An officer who occasions loss of public funds (as defined in Regulation F.23)

owing to neglect or fault will be held to have incurred a pecuniary liability in respect of the loss, and if a satisfactory explanation or offer of restitution is not forthcoming, s/he may be required to meet this liability in whole or in part. The amount in question may be recovered from his/her salary or any other monies due to him/her from the Judiciary or the Government, or may be sued for and recovered in any court of competent jurisdiction.

(ii)

Such a recovery is not imposed as a fine or punishment but as a means of

compensating the public purse for losses sustained as a consequence of an officer's dereliction of duty. It is in no way precluded by any criminal or disciplinary proceedings in respect of the same occurrence, irrespective of the result.

(iii)

The consequences of any neglect or fault will include:(a)

Consequences which are intended; and

78

(b)

Consequences which are reasonable and probable and which shall have been foreseen.

(iv)

Reckless indifference to the probable consequences of any neglect or fault will result

in those consequences being deemed to have been intended.

(v)

Any act or omission which facilitates or makes a loss possible, even though it was

not the immediate cause of it, may be regarded as a contributory cause and may involve a consequential liability, provided that full recovery from the person whose neglect or fault, including criminal act, was the immediate cause, is not made.

(vi)

Two or more officers may be held to have incurred a joint liability and recovery for

all or part of the loss may be apportioned between them.

Definition of loss of public funds and other assets F.23

Loss of public funds include:(i)

Actual loss or destruction of, or damage (other than fair wear and tear) to, or failure to account for the disposal of public monies, stamps, securities, or property movable or immovable (including any money or other property, not belonging to the Judicial Service which is held or used by an officer in his official capacity, either alone or jointly with any other person);

(ii)

Non-collection, of any monies due or belonging to the Judiciary, or for the collection of which the Judiciary is responsible;

(iii)

Payments made or liabilities incurred without or in excess of any statutory, administrative or other authority, including nugatory and similar payments and payments arising from incorrect certificates and irregular or excess issues of stores, rations, etc.; 79

(iv)

Unauthorised use of Judicial Service stores, vehicles, buildings, equipment, or any other property, or of service provided for official purposes;

(v)

Compensation and similar payments (including third party claims in respect of vehicle accident), legal and court costs, and any other additional expenditure or liability incurred which was avoidable and need not have been incurred.

Recovery of loss of public funds and other assets F.24

(i)

The Accounting Officer may require an officer to make good a loss of public funds,

if the loss is one which s/he is authorised by Government Financial Regulations and Procedures (GFRP) 12.4 to write off. In all other cases the Minister for Finance may require an officer to make good the loss of public funds after he has considered the recommendations of the Accounting Officer.

(ii)

Except as provided for in GFRP 12.4 no loss may be written off to public funds

without the authority of the Treasury. All losses not within the authority of the Accounting Officer to write off must be reported to the Treasury which may request any officer who appears to have incurred a pecuniary liability in respect of a loss to explain within a stated time why he shall not be required to make good the loss in whole or in part. If a satisfactory explanation is not forthcoming, the Minister for Finance will review the circumstances of the loss, the officer's general conduct and financial circumstances and any other action which may have been taken against him, and decide whether he will be required to make good the loss, and if so, to what extent. Similar action will be taken by the Accounting Officer in respect of the cases falling within his authority.

(iii)

The procedure to be followed in reporting and dealing with losses is set out in the

Financial Regulations.

(iv)

The Minister for Finance or the Accounting Officer, as the case may be, will, when

recording his decision, give directions as to the method of recovery. The normal method will be 80

deductions from the officer's salary, if necessary in monthly instalments, in amounts not exceeding 25 per cent of his/her monthly salary. If, however, the officer's appointment has been or is shortly to be terminated, deductions from any sums due to him/her from the Judiciary or Government will be made in such amounts as may be necessary to effect full recovery before termination of his/her service.

(v)

The Minister for Finance or the Accounting Officer, as the case may be, may at any

time, if a satisfactory explanation is received or for any other sufficient reasons, relieve an officer in whole or in part of his/her pecuniary liability, and may direct that sums recovered from him/her in connection with the loss in question shall be repaid, in whole or in part.

(vi)

An officer who is dissatisfied with a decision to recover from him/her may appeal

within one month (or such longer period as the Minister for Finance may in any particular case authorise):(a)

Against a decision of the Accounting Officer to the Minister for Finance;

(b)

Against a decision of the Minister for Finance to the President.

(vii)

Where an officer has received any erroneous payment, s/he shall be liable to refund

to the Judicial Service or the Government as the case may be, the amount of such payment and as provided for in this Regulation.

(viii)

Paragraph (vii) of this Regulation shall not be deemed to relieve any other officer

from any pecuniary liability in respect of the erroneous payment and the officer responsible for such payment may be held to have incurred a joint liability and recovery of all or part of the amount of such payment may be apportioned between them.

(ix)

For the purpose of this Regulation:(a)

"erroneous payment" means the payment of any salary, gratuity or allowance or the grant of any benefit in respect of which the Judiciary or the 81

Government incurs any expenditure or loss, to an officer to which s/he was not entitled or in excess of his entitlement;

(b)

It is immaterial whether an erroneous payment was made under a mistake of fact or of law.

(x)

In a genuine case where the recovery of an erroneous payment is likely to impose

very considerable financial hardship on an officer, such a case shall be submitted to the Chief Justice giving full details of the circumstances in which the erroneous payment was made and making an appropriate recommendation for the grant of any relief. Similarly, where an erroneous payment involves a written contractual obligation between the Judiciary or the Government and the officer concerned, the matter shall be referred immediately to the Accounting Officer for advice.

Powers of the Judicial Service Commission F.25

(i)

The powers set out below are among those vested in the Judicial Service

Commission:

(a)

Appointments and confirmation of appointments.

(b)

Termination of appointment (otherwise than by disciplinary proceedings).

(c)

Compulsory retirement on reaching the age (or at any time thereafter) at which an officer can be called upon to retire under the pension’s legislation.

(d)

Retirement on grounds of ill-health.

(e)

Termination of appointment on abolition of office.

(f)

Interdiction and suspension.

(g)

The following powers of punishment:(i)

dismissal;

(ii)

reduction in rank or seniority;

(iii)

stoppage of increment;

(iv)

withholding of increment; 82

(v)

deferment of increment;

(vi)

reprimand (including severe reprimand);

(vii)

recovery of the cost of or part of the cost of any loss or breakage caused by default or negligence, provided that no such cost has been recovered by surcharge action under Regulations F.24.

(h)

(ii)

Retirement on the grounds of public interest.

The Judicial Service Commission has delegated the following powers under the

Service Commissions Act to the Chief Justice in respect to Magistrates, Kadhis and PLS 9 and above: (a)

interdiction

(b) suspension (c)

administration of reprimand including severe reprimand.

Interdiction/Suspension F.26

(i)

The powers of interdiction and/or suspension shall be exercised only in the

circumstances set out in the Judicial Service Commission Regulations. Accordingly, an officer may be interdicted only if proceedings which may lead to his/her dismissal are being taken or about to be taken or when criminal proceedings are being instituted against him/her. Likewise, an officer may be suspended from duty when s/he has been convicted of a serious criminal offence or when as a result of the proceedings for dismissal taken against him/her the relevant authority considers that the officer ought to be dismissed or when an officer is reported to have absconded duty.

(ii)

An officer who is interdicted shall receive such salary, not being less than half

his/her salary, as the Authorised Officer shall deem fit. For the purpose of this regulation, salary refers to basic salary and not include house and medical allowances.

83

(iii)

Where an officer is suspended from the exercise of the functions of his/her public

office under this regulation, s/he shall not be entitled to any salary. The officer will however, be eligible for payment of house and medical allowances.

(iv)

Where disciplinary or criminal proceedings have been taken or instituted against an

officer under interdiction/suspension and such an officer is neither dismissed nor otherwise punished under these regulations, the whole or any salary withheld under paragraph (2) shall be restored to him/her upon the termination of such proceedings.

(v)

If any punishment other than dismissal is inflicted, the officer may be refunded such

proportion of the salary withheld or stopped as a result of his/her interdiction/suspension, as the Commission/Authorised Officer shall decided.

(vi)

An officer on interdiction or suspension shall report to his/her supervisor at least

once a week and shall not leave his/her duty station without express permission.

Disciplinary procedure F.27

(i)

The procedure to be followed in dealing with matters that fall within the scope of the

Judicial Service Commission are set out in the Service Commissions Act (Cap. 185)

(ii)

Disciplinary action taken under delegated powers in respect of PLS 8 and below

must be processed through the Judicial Human Resource Management Committee.

(iii)

All acts of misconduct by officers shall be dealt with as soon as possible after the

time of their occurrence.

(iv)

If criminal proceedings are instituted against an officer or where an officer has been

acquitted of a criminal charge in a court of law, the Judicial Service Commission shall not, however,

84

be prevented from dismissing him/her or otherwise punishing him/her on any other charge arising out of his/her conduct in the matter.

(v)

When a serious breach of discipline occurs the relevant authority shall immediately

appoint a committee of not more than three senior officers to conduct on-the-spot investigation into the matter and report their findings within the shortest time possible. On the basis of the report of the preliminary investigation, the relevant authority shall decide whether to institute disciplinary proceedings in terms of Regulations F.26 and P.14.

(vi)

Disciplinary cases shall be dealt with promptly and finalised within a period of six

months. Where it is found impracticable to do so, the relevant authority shall report individual cases to the Chief Justice explaining the reasons for the delay.

Appeals F.28

(i)

All appeals on disciplinary matters will be addressed to the Secretary, Judicial

Service Commission.

(ii)

No appeal shall be entertained unless it is received within forty two (42) days of the

date upon which the decision is addressed to the officer.

(iv)

The Commission shall entertain only one appeal in each case.

(v)

Appeals on Human Resource matters shall be addressed to the Registrar for

arbitration.

Reviews F.29

An officer may within one (1) year after the decision of the Judicial Service Commission

apply for a review of his/her case. 85

Defence of officers in criminal proceedings F.30

(i)

When a criminal prosecution is instituted against an officer as a result of an act or

omission by him/her in the course of his/her official duties, s/he may apply to the Chief Justice for assistance in his/her defence. If the latter is satisfied that the officer acted in good faith in the execution of his/her official duties and that it is in the public interest that the officer shall be defended, s/he will report the matter immediately to the Attorney-General, who will decide whether or not the officer shall be defended. If s/he so decides, s/he will arrange for the officer's defence, and any cost of such defence will be a charge on the Vote of the Office of the Attorney-General. If the Attorney-General briefs a private advocate to defend an officer s/he will do so in consultation with the officer. It is emphasized that the expenditure chargeable to the Office of the AttorneyGeneral is limited to the actual cost of the defence. No fine or award of costs or compensation against the officer will be paid by the Government.

(ii)

It is also emphasized that officer against whom criminal proceedings are instituted as

a result of the performance of their official duties and who desire the Government to undertake or assist in their defence must apply to the Chief Justice immediately they are arrested or served with summons. They must not themselves brief advocates in their defence and subsequently apply for Government assistance. Unless the proper procedure is followed, the Attorney-General may decline to pay any part of the cost of defence. It is further emphasized that speed may be essential in arranging defences, and therefore, Registrar/Heads of Department shall not hesitate to approach the Attorney General.

Defence of officers in civil suits F.31

(i)

When a civil suit is instituted against an officer personally as a result of his/her

official position or of an act done by him/her in the course of his/her official duties, s/he may apply to the Attorney-General through the Chief Justice for assistance in his/her defence.

86

(ii)

It is emphasized that speed is also essential in these cases, perhaps even more so

than in criminal cases and the Chief Justice must consult the Attorney-General and transmit an application for assistance to him/her at the earliest possible moment.

(iii)

In cases where the Government assumes responsibility for the defence of an officer

on the advice of the Attorney General, the later will provide a free legal defence, by instructing a State Counsel or by briefing a private advocate and the cost of such defence will be a charge on the vote of the Office of the Attorney General. If the Attorney-General briefs an advocate to represent an officer, s/he will do so in consultation with the officer. Whether any damage and/or costs awarded against an officer in civil suit will be met from public funds depends on the particular facts of each case. If the action is only nominally against the officer and is, in substance and in fact against the Government, the Government will stand behind the officer and meet all the damages and the costs awarded. The question of so indemnifying an officer is one for specific decision in each case, and will be decided only after consultation between the Attorney-General, the Treasury and the Judicial Service. When the Government accepts liability for damages and/or costs, the Judicial Service will be responsible for meeting such liability out of its Vote.

(iv)

Officers desiring the Government to assist in their defence in civil suits must apply

to the Attorney-General through the Chief Justice as soon as they become aware that a suit may be instituted against them; they shall not wait until a summons is served upon them. They must not brief an advocate in their defence and subsequently apply for Government assistance. Unless the proper procedure is followed the Government may decline to pay any part of the cost of defence, or any damages or costs which may be awarded against an officer.

Administrative arrangements F.32

In order that the defence of officers who apply for legal aid, whether in criminal cases or in

civil suits, may not be prejudiced by any delay occasioned by the necessity for referring applications to the Registrar, the head of station on forwarding such application, shall send a copy thereof to the Provincial State Counsel in those areas in which a Provincial State Counsel is stationed, and the 87

Attorney-General. This will enable the Attorney-General or the State Counsel as the case may be, to take any procedural step which may be immediately necessary in order to protect the position of the officer pending a decision on his/her application, but without thereby committing the Government to accede to the application. Such action may precede discussions between the Judicial Service, the Attorney-General and the Treasury.

Defamation proceedings F.33

(i)

Where an officer has been defamed in respect of matters arising out of his/her

official position, it may be that the Government is also defamed by implication, and may, therefore, agree to give legal aid to the officer. Where such a case occurs the officer shall apply for legal aid through the Chief Justice to the Attorney-General. Legal aid will not be granted unless:-

(a)

The Government has a substantial interest in seeing that the defamatory statement is repudiated: and

(b)

There is, in the opinion of the Attorney-General, a good prospect of success in the action.

(ii)

The consent of the Attorney-General must be obtained before proceedings are

commenced. Private advocate, not State Counsel, will normally be employed and the AttorneyGeneral will select, in consultation with the officer, the advocate or firm of advocates, to be employed. Legal aid will cover either the whole of the officer's expenses, including costs awarded against him/her if s/he is unsuccessful in his/her suit, or any un-recovered costs or a part of such costs, as may be specified, if s/he succeeds, and will be subject to repayment pro tanto if costs or damages are in fact recovered. Any expenses ultimately chargeable to public funds will be met from the vote of the Office of the Attorney-General.

88

Necessity for an officer to seek Government's consent before instituting civil proceedings F.34

No officer shall institute civil proceedings arising out of any circumstances, connected with

his/her official position, or with any activity in which s/he has been engaged in the course of his/her official duties, without first obtaining the written consent of the Attorney-General to the institution of such proceedings, whether or not s/he desires legal aid. In purely private proceedings, however, unconnected with their official position or duties, officers do not require the consent of the Government in such private litigation, the question of legal aid by Government does not arise.

89

APPENDIX F.1 (Reference Regulation F.2)

DECLARATION OF INCOME, ASSETS AND LIABILITIES

1.

Name of public officer: ……………………………………………………………………………………………. (Surname)

2.

(First name)

(Other names)

Birth information: (a)

Date of Birth …………………………………………………………………….

(b)

Place of Birth ……………………………………………………………………

3.

Marital status: ……………………………………………………………………………

4.

Address:

5.

(a)

Postal Address………………………………………………………………….

(b)

Physical address ………………………………………………………………..

Employment information: (a)

Designation ……………………………………………………………………..

(b)

Name of employer ………………………………………………………………

(c)

Nature of employment (permanent, temporary, contract etc.) ……………………………………….

6.

Names of spouse or spouses: …………………………………………………………………………………………… (Surname)

7.

(First name)

(Other names)

Names of dependant children under the age of 18 years. …………………………………………………………………………………………… (Surname)

8.

(First name)

(Other names)

Financial statement for ………………………………………………………………… (A separate statement is required for the officer and each spouse and dependant child under the age of 18 years. Additional sheets shall be added as required). (a)

Statement date: ……………………………………………………………….

(b)

Income, including emoluments, for period from ……………………………

90

………………….. to ………………………………………………………….. (Including, but not limited to, salary and emoluments and income from investments. The period is from the previous statement date to the current statement date).

Description

(c)

Approximate amount

Assets (as of the statement date) (Including, but not limited to, land, buildings, vehicles, investments and financial obligations owed to the person for whom the statement is made.)

Description

Approximate amount

(include location of asset where applicable)

(d)

Liabilities (as of the statement date)

Description

Approximate amount

91

9.

Other information that may be useful or relevant.

I solemnly declare that the information I have given in this declaration is, to the best of my knowledge true and complete.

Signature……………………………………………………………............................ Date …………………………………………………………………………………….. WITNESS Signature ………………………………………………………………………………. Name ....................................................................................................................... Address …………………………………………………………………………………

92

APPENDIX F.2 (Reference Regulation F.6)

REPUBLIC OF KENYA ------------------OFFICIAL SECRETS ACT (CAP 187) ----------------DECLARATION To be signed by Officer on Appointment My attention has been drawn to the provisions of the Official Secrets Act and I am fully aware of the serious consequences which may follow any breach of these provisions.

I understand that the sections of the Official Secrets Act cover material published in a speech, lecture, or radio or television broadcast, or in the press, or in book form. I am aware that I shall not divulge any information gained by me as a result of my appointment, to any unauthorized person, either orally or in writing without the previous official sanction in writing of the Judicial Service Commission to which written application shall be made and two copies of the proposed publication be forwarded. I understand also that I am liable to be prosecuted if I publish without official sanction any information I may acquire in the course of my tenure of an official appointment (unless it has already officially been made public) or retain without official sanction any sketch, plan, model, article, note or official documents which are no longer needed for any official duties, and that these provisions apply not only during the period of my appointment but also after my appointment has ceased.

Signed .........................................

Witness .................................................................

Date ...........................................

93

APPENDIX F.3 (Reference Regulation F.6)

REPUBLIC OF KENYA --------------OFFICIAL SECRETS ACT (Cap. 187) ___________________

To be signed by Officers on leaving the Judicial Service

My attention has been drawn to the provisions of the Official Secrets Act and I am fully aware that serious consequences may follow any breach of those provisions.

I understand:-

(1)

That the provisions of the Official Secrets Act apply to me after my appointment has ceased.

(2)

That all the information which I had acquired or to which I have had access owing to my official position is information which is covered by section 3 of the Official Secrets Act, and that the Official Secrets Act applies to all such information which has not already officially been made public.

(3)

That the sections of the Official Secrets Act cover material published in a speech, lecture, radio or television broadcast or in the Press or in book form or otherwise, and that I am liable to be prosecuted if either in Kenya or abroad I communicate, either orally or in writing, including publication in a speech, lecture, radio or television broadcast or in the press or in book form or otherwise, to any unauthorized person any information acquired by me as a result of my appointment 94

(save such as has already been made officially public) unless I have previously obtained the official sanction in writing of the Judicial Service.

(4)

That to obtain such sanction, two copies of the manuscript of any article, book, play, film, speech or broadcast, intended for publication, which contains information which I have acquired or to which I have had access owing to my official position, or of any material otherwise to be published which contains such information, shall be submitted to the Chief Justice.

(5)

That when my appointment ends I shall surrender any sketch, plan, model articles, note or document made or acquired by me during the tenure of the appointment (even if such sketch, plan, model, article note or document is not classified) save such as I have been officially sanctioned in writing by the Chief Justice to retain, and that I am liable to be prosecuted if I retain any such sketch, plan, model, article, note and document without such official sanction.

Signed ................................... Surname (BLOCK LETTERS) ....................................................................................... Forename (s) .................................................................................................................. Date of birth ..................................................................................................................... Permanent (home) address .............................................................................................

Date ........................................

Witnessed .............................................

95

SECTION G SALARIES, INCREMENTS AND SENIORITY

Introduction This Section deals with the determination of the effective date of appointment to a particular post and assessment of salary on promotion of an officer to a higher grade. It also sets out the criteria for the grant of annual increments including incremental credits for previous approved experience relevant to the type of work upon which an officer is engaged and the determination of the relative seniority between officers.

Depending upon the scope and complexity of work assignment, a person learns and grows in efficiency during the early years of his/her appointment. This concept which is inherent in sound salary administration has been reflected in growing incremental scales which provide for payment of higher salaries to experienced and hence more productive officers than new recruits even though both may be on the same scale set for the job itself.

Increments shall be earned on the basis of job performance and conduct and not awarded automatically. Unsatisfactory performance or conduct would result in the withholding or stoppage of an increment as provided for in this Section.

96

SECTION G SALARIES, INCREMENTS AND SENIORITY

Regulation Content

Page

Part One: Salaries G.1.

Date of initial payment of salary on appointment ..........................

97

G.2

Date of commencement of new scale of salary ..............................

97

G.3

Salary of an officer taken ill before assuming the duties of his/her appointment ………………………………………………………

97

G.4

Salary of an officer detained outside Kenya on public grounds........

98

G.5

Determination of salary on promotion of a serving officer from one Job Group to a different Job Group .....................................................

G.6

98

Determination of salary of an officer transferred from another Administration or Local Authority to the Judicial Service .................

103

Part Two: Increments G.7

Definition of an increment ...................................................................

103

G.8

Determination of incremental dates on appointment or promotion ....

103

G.9

Conditions for the grant of increments ................................................

103

G.10

Method of payment of increments ........................................................

104

G.11

Definition of increments withheld or stopped ......................................

104

G.12

Procedure for withholding or stoppage of increments ..........................

105

G.13

Service for increments ...........................................................................

105

G.14

Increments for approved experience .....................................................

106

Part Three: Seniority G.15

Determination of seniority between officers ......................................... 97

107

SECTION G SALARIES, INCREMENTS AND SENIORITY Part One: Salaries

Dates of initial payment of salary on appointment G.1.

(i) On first appointment an Officer will be paid full salary from the date of assumption of

duty.

(ii) A person engaged from outside Kenya will be paid half salary from the date of his/her departure from his/her country of origin provided that s/he proceeds direct to Kenya. Full salary will be paid from the date of arrival in Kenya provided the officer reports for duty on the first working day following the date of arrival in Kenya.

Date of commencement of new scale of salary G.2

If an officer on agreement is re-engaged on a new scale of salary, whether higher or lower

than before, the new scale will start as from the date s/he takes up duties for a further tour of service.

Salary of an officer taken ill before assuming the duties of his/her new appointment G.3

If an officer is detained by sickness between the date of his/her appointment and that on

which s/he takes up duties, s/he is considered as being on sick leave during the period of his/her detention provided that such detention is supported by a medical certificate issued by a Medical Practitioner.

98

Salary of an officer detained outside Kenya on public grounds G.4

If an officer is detained outside Kenya on the authority of the Judicial Service on public

grounds s/he may be granted full salary.

Determination of salary on promotion of a serving officer from one Job Group to a different Job Group G.5.

(i)

If an officer is promoted from one job group to another and his/her salary on the

effective date of promotion is less than the minimum of the salary scale attached to his/her new job group, s/he will receive the minimum of the salary scale attached to his/her new job group on the effective date of his/her promotion. His incremental date will be determined in accordance with the provisions of Regulation G.8.

(ii)

If, however, the salary of an officer on the day preceding the effective date of his/her

promotion is one point immediately below the minimum of the salary scale attached to his/her new job group and if that officer was earning an annual increment, s/he will receive the minimum of the salary scale attached to his/her new job group on the effective date of his/her promotion and retain his/her former incremental date i.e. incremental date immediately prior to his/her promotion. Example Salary scale attached to Job Group held on the

Kshs.21,304x625 – 23,179x658 –

day preceding effective date of promotion

24,495x700 -25,895p.m.

Salary scale per month and incremental date immediately

Kshs.21,929 - 1st January

prior to the date of promotion

Effective date of promotion and salary scale to new Job Group

1st December, 2007 Kshs.26,323x801 – 28,726x873 – 30,472 p.m.

Point of entry on the effective date of promotion

Kshs.26,323 p.m.

99

Salary on 1st January, 2008

Kshs.26,323p.m.

Future incremental date

1st January

(iii)

If the salary of an officer on the day preceding the effective date of his/her

promotion corresponds to, or is higher than the minimum of the salary scale attached to the job group to which s/he is promoted, his/her salary on promotion will be determined in accordance with the rules set out below:

(a)

If on the day preceding the effective date of his/her promotion s/he had not attained the maximum point of the salary scale attached to his/her former job group but was earning an annual increment in that salary scale, s/he will enter the salary scale attached to his/her new job group from the effective date of his/her promotion at the point next above his/her salary. The officer will retain his former incremental date, i.e. incremental date immediately prior to his/her promotion.

Example Salary scale attached to Job Group held on the day preceding

Kshs.9,530x159 – 9,689x175 –

effective date of promotion

9,864x214 – 10,506x263 – 11,032

Salary scale per month and incremental date immediately

Kshs.10,769 - 1st April

prior to the date of promotion

Effective date of promotion and salary scale attached to job

1st January, 2008

group

Kshs.10,506x263 – 11,295x286 – 11,867x295 – 12,162 p.m.

Point of entry on the effective date of promotion

Kshs.11,032

Salary on 1st January, 2008

Kshs.11,295p.m.

Future incremental date

1st January

(b)

If on the day preceding the effective date of his/her promotion s/he had attained the maximum point of the salary scale attached to his/her former job 100

group and his/her service at that salary amounted to less than one year, s/he will enter the salary scale attached to his/her new job group from the effective date of his/her promotion at the point next above his/her salary. His/her incremental date will be determined in accordance with Regulation G.8. Example

Salary scale attached to Job Group held on the day preceding

Kshs.9,530x159 – 9,689x175 –

effective date of promotion

9,864x214 – 10,506x263 – 11,032p.m.

Salary scale per annum prior to the date of promotion

Kshs.11, 032p.m. - 1st April

Effective date of promotion and salary scale attached to new

1st February, 2007

Job Group

Kshs.10,506x263 – 11,295x286 – 11,867x295 – 12,162p.m

Period of service at maximum of the salary scale attached to

10 months

job held prior to effective date of promotion

Point of entry on the effective date of promotion

Kshs.11,295 p.m.

Salary on 1st February, 2008

Kshs.11,581p.m.

Future incremental date

1st February

(c)

If on the day preceding the effective date of his/her promotion s/he had attained the maximum point of the salary scale attached to his/her former job group and his/her service at that salary amounted to one year or more but less than three years, s/he will enter the salary scale attached to his/her new job group from the effective date of his/her promotion at the next point above his/her salary and one half of his/her service in excess of one year will 101

count towards his/her first increment with effect from the date of his/her promotion.

His/her subsequent incremental date will be determined in

accordance with Regulation G.8. Example –

9,689x175



Salary scale attached to Job Group held on the day preceding

Kshs.9,530x159

effective date of promotion

9,864x214 – 10,506x263 – 11,032 p.m.

Salary per month prior to the date of promotion

Kshs.11,032p.m.

Effective date of promotion and salary scale attached to new

17th March, 2007

Job Group

Kshs.10,506x263 – 11,295x286 – 11,867x295 – 12,162p.m.

Period of service at maximum of salary attached to Job Group

2 years, 8 months.

prior to effective date of promotion

One-half of period of service in excess of one year which counts

10 months.

towards first increment in the salary scale attached to new job group from the date of promotion

Point of entry on the effective date of promotion

Kshs.11,295p.m.

Incremental date after promotion to be adopted under

1st March

Regulation G.5 (iii) (b) after allowing credit for ten month's service from the date of promotion

Salary on 1st March, 2008

Kshs.11,581p.m.

Future incremental date

1st March

(d)

If on the day preceding the effective date of his/her promotion s/he had attained the maximum point of the salary scale attached to his/her former job group and his/her service at that salary amounted to three years or more, s/he 102

will enter the salary scale attached to his/her new job group from the effective date of his/her promotion at one point higher than the next point above his/her salary. His/her future incremental date will be determined in accordance with Regulation G.8. Example Salary scale attached to Job Group held on the day preceding

Kshs.9,530x159 – 9,689x175 -

effective date of promotion.

9,864x214 – 10,506x263 – 11,032 p.m.

Salary per annum prior to the date of promotion

Kshs.11,032 p.m.

Effective date of promotion and salary scale attached to new

1st May, 2007

Job Group

Kshs.10,506x263 – 11,295x286 – 11,867x295 – 12,162p.m.

Period of service at maximum of the salary attached to Job

3 years 4 months

Group held prior to effective date of promotion

Point of entry on the effective date of promotion

Kshs.11,581 p.m.

Salary on 1st May 2008

Kshs.11,867p.m.

Future incremental date

1st May

(iv)

The above provisions will not apply to determination of salaries on promotion of

officers whose emoluments are not directly related to the salary structure applicable to members of the regular and pensionable establishment but are receiving fixed salaries determined on ad hoc basis.

(v)

Cases where these provisions cannot appropriately be applied or where a doubt

exists as to their interpretation, shall be referred to the Registrar/Authorized Officer who may seek assistance of any appropriate authority. 103

Determination of salary of an officer transferred from another Administration or Local Authority to the Judicial Service. G.6. The salary of an officer who is transferred from another administration or local authority to the Judicial Service will be determined by application of the provisions of Regulation G.5 provided the Registrar/Authorized Officer is satisfied that there will be no repercussions amongst serving officers.

Part Two: Increments

Definition of an increment G.7. An increment is an increase of salary of specified amount which, provided certain conditions are satisfied, is granted at regular intervals when due in terms of Regulation G.8 until the maximum salary point of the job group is reached. The conditions may be merely (as in most cases) that the work and conduct of an officer during the past year or other incremental period, have been satisfactory. But there may be a further condition e.g. that an officer must obtain a specified qualification, or meet any other requirement of the relevant Scheme of Service.

Determination of incremental dates on appointment or promotion G.8.

Each 1st date of the month is an incremental date. Officer’s incremental date will be the 1st

date of the month they are appointed/promoted/upgraded.

Conditions for the grant of increments G.9.

An officer serving on an incremental scale is not entitled to receive an increment as a right.

An increment will only be granted if the officer has discharged his/her duties with efficiency, diligence and fidelity. 104

Method of payment of increments G.10. (i)

On the appointment of an officer, the Human Resource Management Department

will immediately, on the standard Pay Change Advice Form, notify the Salary Section, inter alia, of the appropriate salary scale, incremental progression and incremental date. The Pay Change Advice Form will indicate the maximum of the scale and "Stop Date" up to which increments may be granted.

(ii)

Salary Section will automatically pay increments as they become due, up to the "Stop

Date" unless otherwise directed.

Definition of increments withheld or stopped G.11. (i)

An increment is withheld when the relevant authority has doubts as to the standard of

the officer's work and/or conduct and is unable to satisfy him/herself that the officer has discharged his/her duties with efficiency, diligence and fidelity. S/he, therefore, withholds the increment for the time being. If after a specified period, it is evident that there has been improvement in the officer's work and/or conduct, the increment may be granted with effect from the date to be decided by the relevant authority. The officer subsequently reverts to his/her original incremental date.

(ii)

An increment is stopped when an officer cannot be considered for the grant of an

increment until another year (an incremental earning period) has been served. For example, an officer who is due for his/her first increment on 1st January, 2006, but the increment is stopped for disciplinary or other reasons, s/he would not qualify for that increment until 1st January, 2007. Normally on that date s/he would be given only one increment but in an exceptional case s/he may, with the approval of the Authorized Officer, be given a double increment so as to receive the same salary in the year 2007 as s/he would have received had s/he been granted an increment due in 2006.

105

Procedure for withholding or stoppage of increments G.12. (i)

Increments shall not be withheld or stopped unless an officer has already been given

prior warning in writing that such action is meditated.

(ii)

The relevant authority may withhold or stop an officer's increment when it is due for a

period not exceeding one year. If at the end of that period s/he still considers that the increment shall remain unpaid s/he must (except where powers are delegated to the Authorised Officer by the Judicial Service Commission) refer the matter with his/her recommendation to the Judicial Service Commission.

(iii)

It is the duty of every officer with staff under his/her control, for whose standard of

work and conduct s/he is responsible, to inform the Human Resource Management Department in writing immediately any situation arises which causes him/her to consider that an officer's increment shall be withheld or stopped. Full reasons in support of the action proposed must be given and it must be clearly indicated whether the officer concerned has been warned of the action being taken and whether such warning has been oral or in writing. The case will be then dealt with in the Human Resource Management Department in accordance with the terms of Regulation G.10. The Registrar/Authorized Officer shall ensure that the provisions of this regulation are strictly observed in order to obviate the possibility of inefficient officers being allowed to progress within their salary scale under this system.

Service for increments G.13. Unless otherwise provided at the time of his/her appointment, service for increments is computed from the date on which an officer first begins to draw the salary of his/her office.

106

Increments for approved experience G.14. (i)

Except where otherwise provided, an officer appointed on permanent, agreement or

temporary terms may be given incremental credit for previous approved experience at the rate of one increment for each complete year of approved experience provided the maximum salary of the job group assigned to the post is not exceeded and the Authorized Officer certifies that there will be no repercussions among serving officers. The grant of increments for approved experience will be subject to the following rules:

(a)

Incremental credit will only be given in respect of approved experience gained after acquiring the requisite minimum qualifications for the grade. In granting incremental credit any period of service or experience stipulated as a basic requirement for appointment or promotion to a particular grade would be excluded as this constitutes the minimum requirement specified for appointment to that grade;

(b)

Incremental credit will be given only for previous approved experience in the type of work upon which an officer will be employed on his/her appointment to the particular grade;

(c)

Incremental credit may not be given on appointment to promotional posts, i.e. posts to which an officer would not normally be appointed if s/he joined the Judicial Service immediately after completing his/her education; and

(d)

Incremental credit shall be given for the number of years of aggregate approved experience periods in excess of full years being ignored. Thus, if an officer has approved experience for three periods each of 11/2 years, since the total amounts to 41/2 years s/he will be eligible for four increments only.

107

(ii)

Where an officer's salary on appointment is fixed below the point in the scale at

which s/he would normally enter by virtue of the incremental credit for which s/he is eligible, an adjustment may be made with retroactive effect from the date of his/her appointment.

Part Three: Seniority

Determination of seniority between officers G.15. “Seniority” means the relative authority of officers and, except as may be otherwise provided by the Commission or in these Regulations, shall be determinable and shall be regarded as having always been determinable as follows:

(i)

As between officers of the same grade :-

(a)

by reference to the dates on which they respectively entered the grade;

(b)

if any officers who entered that grade on the same day by reference to their seniority on the day immediately preceding that day;

(c)

if any officers who entered the same grade on the same day did so by appointment and not by promotion (excluding promotion from a nonpensionable to a pensionable grade), their seniority relative to each other shall be determinable by reference to their respective ages;

(ii)

As between officers of different grades on the same salary scale or the same flat rate

of salary, by reference to the dates on which they respectively entered their grades;

(iii)

As between officers of different grades on different salary scales, by reference to the

maximum point on their salary scales, a flat rate of salary being regarded for this purpose as a salary 108

scale with a maximum point equivalent to the flat rate. Provided that when assessing the seniority of a pensionable officer, service by him/herself or any other person in a non-pensionable capacity shall not be taken into account.

109

SECTION H ADVANCES

Introduction This Section deals with various types of advances granted from time to time, to employees of the Judicial Service.

An advance is a form of a temporary financial assistance granted to an employee of the Judicial Service in certain circumstances. An advance constitutes a debt to the Judicial Service which must be liquidated under specified conditions and within limited period of time.

110

SECTION H ADVANCES

Regulation Content

Page

Part One: Advances of Salary H.1

Advance of salary .............................................................................

112

H.2

Eligibility for advance ......................................................................

113

H.3

Recovery of advance ........................................................................

113

H.4

Advance to officers posted to hardship areas .................................

113

H.5

Salary in advance ..............................................................................

113

Part Two: Advances for the Purchase of Bicycles H.6

Eligibility for advance .......................................................................

114

H.7

Amount of advance and repayment ...................................................

114

H.8

Applications: procedure and conditions .............................................

114

Part Three: Advances for the Purchase of Refrigerators, Furniture and Household Appliances H.9

Eligibility for advance ..........................................................................

115

H.10

Amount of advance and repayment .....................................................

115

H.11

Applications: procedure and conditions ..............................................

116

111

LIST OF APPENDICES

Appendix

Subject

Page

H.1

Maximum amount of advance for purchase of a bicycle, refrigerator, furniture and household appliances ……………………

117

H.2

Form of Application for an advance for the purchase of a bicycle ......

118

H.3

Recommendation form by Head of Station/Section for an advance to purchase a bicycle ………………………………………………….

119

H.4

Form of Agreement for an advance to purchase a bicycle .......................

120

H.5

Form of Application for an advance to purchase a refrigerator, furniture and household appliances ..........................................................

H.6

122

Recommendation form of the Head of Human Resource Management Department for an advance to purchase a refrigerator, furniture and household appliances …………………………………………………..

H.7

123

Form of Agreement for an advance to purchase a refrigerator, furniture and household appliances ……………………………………………….

112

124

SECTION H ADVANCES Part One: Advances of Salary Advance of salary H.1.

(i)

An advance of not more than two months' salary may be granted by the Accounting

Officer when an officer, owing to circumstances beyond his/her control, is placed in a difficult financial position requiring assistance from the Judicial Service. In applying for the advance the officer shall explain in detail the circumstances leading to the situation which s/he could not have foreseen and for which s/he could not, therefore, have planned.

(ii)

An advance under this Regulation may be granted only when an officer has no other

outstanding salary advance. In very exceptional circumstances, the Accounting Officer may grant an advance of not more than three months salary in situations similar to those in paragraph (i) of this Regulation if s/he is satisfied that the officer needs assistance in excess of two month's salary advance.

(iii)

Collateral security will be required when the advance exceeds two months' salary.

Collateral security for this purpose shall be tangible security which will enable the Judicial Service to recover the advance in the event of an officer's death or default in repayment. Collateral security may take the form of mortgage on a property or the assignment of life assurance policy, the surrender value of which is not less than the amount to be advanced. The security of a third party will not be accepted.

113

Eligibility for advance H.2.

Advances of salary may be made to an officer of the permanent establishment (including

one serving on probation) or to an officer serving on agreement terms, or to an officer holding a temporary appointment for a period of not less than 12 months provided his/her retention in the service beyond 12 months has been authorised by the Commission.

Recovery of advance H.3.

Recovery of an advance of one month's salary may be effected by instalments.

Advance to officers posted to hardship areas H.4.

Officers posted to hardship areas specified in Regulation I.11 of Section I where hardship

allowance is payable may be granted by the Accounting Officer on initial posting to these areas, an advance of salary in accordance with Regulation H.2, on the merits of each case. An officer applying for the advance shall explain fully the need for such advance of salary.

Salary in advance H.5.

An officer proceeding on annual leave may, when s/he avails him/herself of not less than

one half (11/2) of his/her annual leave, be paid his/her salary for the month in which s/he proceeds on leave three days before departure from his/her station. This arrangement does not constitute an advance of salary.

114

Part Two: Advances for the Purchase of Bicycles

Eligibility for advance H.6.

An officer, other than one on temporary terms, may on the recommendation of the Head of

Station/Section be granted an advance for the purchase of a bicycle.

Amount of advance and repayment H.7.

(i)

The amount of advance shall not in any case exceed the price of the bicycle and shall

be subject to a maximum sum indicated in Appendix H.1.

(ii)

The advance will be repayable over a period not exceeding twenty-four months

unless special circumstances warrant an extension.

Applications: procedure and conditions H.8.

(i)

Applications for advances shall be submitted on Form G.P. 128 (specimen copy at

Appendix H.2) through the Head of Station/Section to the Accounting Officer. The latter may approve or reject the application at his/her discretion after calling for such further information as s/he may consider necessary.

(ii)

Where an application for an advance for the purchase of a bicycle has been

approved, the Accounting Officer will notify the Head of the officer's Station/Section on Form G.P. 130, (specimen copy at Appendix H.3) for completion by the officer concerned.

(iii)

An officer who has been granted an advance to purchase a bicycle shall,

immediately s/he has taken delivery of it, produce it for inspection by the Head of his/her Station/Section in order that a record may be maintained of the make, type and frame number. The 115

bicycle shall be available for inspection by the Head of the Station/Section at intervals of six months until the advance is fully repaid.

(iv)

Not more than one advance will be granted within any period of thirty six-months,

save in exceptional circumstances such as when the bicycle is extensively used and any repairs are considered to be uneconomical.

Part Three: Advances for the Purchase of Refrigerators, Furniture and Household Appliances Eligibility for advance H.9.

An officer serving on permanent and pensionable or contract terms of service may be

granted an advance for the purchase of any one of the following items of furniture and household appliances:(a)

Bed and mattress

(b)

Refrigerator

(c)

Television set

(d)

Cooker

(e)

Sofa set

Amount of advance and repayment H.10. (i)

The amount of advance granted under this Regulation shall not in any case exceed

the price of the item involved and shall be subject to the maximum sum indicated in Appendix H.1.

(ii)

The advance will be repayable over a period not exceeding twenty four months.

116

Applications: procedure and conditions H.11. (i)

Applications for advances shall be submitted on the form shown in Appendix H.5

through the Head of Human Resource Management Department to the Accounting Officer. The latter may approve or reject the application at his/her discretion after calling for such further information as s/he may consider necessary.

(ii)

Where an application for an advance for the purchase of a bed and mattress, a

refrigerator, a television set, a sofa set or radio is approved, the officer will be required to enter into an agreement on the form shown in Appendix H.7 and to produce an invoice from the supplier. On completion of the agreement, the amount of advance will be paid directly to the supplier.

(iii)

Not more than one advance will be granted within any period of thirty six months.

117

APPENDIX H.1 (Reference Regulation H.7 and H.10)

ADVANCE FOR THE PURCHASE OF BICYCLES (Reference Regulation H.7)

All officers ...............................................................................................................Kshs.10,000

ADVANCE FOR THE PURCHASE OF REFRIDGERATOR, FURNITURE AND HOUSEHOLD APPLIANCES

(Reference Regulation H.10 )

All officers ...........................................................................................................Kshs.30,000

118

G.P. 128

APPENDIX H.2 (Reference Regulation H.8 (i))

Ref No. .................................

REPUBLIC OF KENYA

APPLICATION FOR AN ADVANCE FOR THE PURCHASE OF A BICYCLE

TO:

THE ACCOUNTING OFFICER THE JUDICIARY NAIROBI

I......................................................................................................................................... being ....................................... Station, hereby apply for an advance of Kshs. ……….. ............................. for the purchase of the bicycle described below:Description ........................................................................................................................ Make ................................................................................................................................. Price .................................................. (condition) ............................................................. Name of Seller................................................................................................................... Place of Sale ..................................................................................................................... I agree to abide by the conditions of Regulations H.6 - H.8 of the Judicial Service Staff Regulations.

Date ......................................................

............................................................... Signature of Applicant

119

G.P. 130

APPENDIX H.3 (Reference Regulation H.8)

RECOMMENDATION FORM OF HEAD OF STATION/SECTION IN ACCORDANCE WITH REGULATION H.8 (ii) OF THE JUDICIAL SERVICE STAFF REGULATIONS

I am satisfied that it is in the interest of the Judicial Service that this officer shall have a bicycle. I recommend that s/he be granted an advance of Shs................................................. Date ............................................................

......................................................... Head of Station/Section

DECISION OF THE ACCOUNTING OFFICER Application rejected/approved*

Date ......................................................

....................................................... Accounting Officer

*Advances for the purchase of bicycles are limited to a maximum of Shs.10,000/= *Delete whichever is inapplicable

120

APPENDIX H.4 (Reference Regulation H.8)

REPUBLIC OF KENYA

AGREEMENT FOR AN ADVANCE FOR THE PURCHASE OF A BICYCLE AN

AGREEMENT made this .......................... day of ....................................... between

.................(hereinafter called "the Purchaser") on the one part and the Judicial Service Commission on the other part. WHEREBY it is agreed as follows:-

1.

The Purchaser agrees to purchase a bicycle of the value of ................. within one month of the date of this Agreement.

2.

The Judicial Service Commission agrees to advance to the Purchaser the sum of ...................................... in respect of the cost of the said bicycle.

3.

The Purchase agrees to expend the sum advanced by the Judicial Service Commission under this Agreement only for the purpose for which it was advanced and, subject to the provisions of Clause 5 of this Agreement, to repay the said sum so advanced in ...... equal monthly instalments commencing on the .................

4.

The Purchaser agrees not to sell, dispose of or charge the said bicycle until the whole of the said sum advanced under this Agreement has been repaid.

5.

The Purchaser agrees that if s/he dies or leaves the Judicial Service before the said sum advanced by the Judicial Service has been repaid in full or if s/he commits any breach of this Agreement, then the whole of the balance of the said sum then outstanding shall forthwith become payable by the Purchaser or his/her legal personal representative and if not forthwith paid it shall be lawful for the Judicial Service Commission without prejudice to any other means of recovery: 121

(a)

to deduct from any sum payable, whether by way of salary, pension, gratuity or otherwise, by the Judicial Service Commission to the purchaser or his/her legal personal representative the amount so outstanding;

(b)

to take possession of the said bicycle and to sell it and to deduct from the proceeds of sale the amount outstanding.

6.

The Purchaser further agrees to use the said bicycle as and when so required for the purpose of performing his/her duties in the Judicial Service Commission and to accept in full satisfaction for such use such bicycle transport allowance as may from time to time be payable under the Judicial Service Staff Regulations.

WITNESS our hands the day and year above written. Signed by the said .............................................. (Purchaser's full name in Block Letters) ........................................ Purchaser must sign here over Shs.2 Revenue Stamp in the presence of:Signature ........................................................................ Address .......................................................................... Occupation .................................................................... (of the witness) *Signed by ..................................................................................................... (on behalf of the Judicial Service Commission) as aforesaid in the presence of:-

Signature .................................... Address ....................................... *To be signed by, or on behalf of, the Accounting Officer.

122

APPENDIX H.5 (Reference Regulation H.11) Ref No.............................................

REPUBLIC OF KENYA _____________________

APPLICATION FOR AN ADVANCE FOR THE PURCHASE OF REFRIDGERATOR, FURNITURE AND HOUSEHOLD APPLIANCES

TO:

THE ACCOUNTING OFFICER THE JUDICIARY NAIROBI

I ................................................................................................................................................ being ................................. of ........................ Station, hereby apply for an advance of Shs. ............................................... for the purchase of the item described below:Make and Description ................................................................................................ Cubic Capacity and serial No. .................................................................................... Price ............... new or second-hand ......................................................................... Name of Seller .......................................... Place of Sale .......................................... I agree to abide by the conditions of Regulations H.9-H.11 of the Judicial Service Staff Regulations. Date....................................................

........................................................... Signature of Applicant

123

APPENDIX H.6 (Reference Regulation H.11)

RECOMMENDATION FORM OF HEAD OF HUMAN RESOURCE MANAGEMENT IN ACCORDANCE WITH REGULATION H.11 OF THE JUDICIAL SERVICE STAFF REGULATIONS

I am satisfied that it is necessary that this officer shall have a .......................... I recommend that he be granted an advance of Shs................ Date ..............................................

............................................................ Head of Station/Section

DECISION OF THE ACCOUNTING OFFICER

Application rejected/approved* Date .........................................................

................................................. Accounting Officer

*Delete whichever inapplicable

124

APPENDIX H.7 (Reference Regulation H.11)

AGREEMENT FOR ADVANCE TO PURCHASE REFRIDGERATOR, FURNITURE AND HOUSEHOLD APPLIANCES

AN

AGREEMENT made this .............. day of ................ ...... between ................. (hereinafter

called "the Purchaser") on the one part and the Judicial Service Commission on the other part. WHEREBY it is agreed as follows:

1.

The Purchaser agrees to purchase a ............ of the value of .................. within one month of the date of this Agreement.

2.

The Judicial Service Commission agrees to advance to the Purchaser the sum of ................ in respect of the cost, or part of the cost, of the said ................................................................

3.

The Purchaser agrees to expend the sum advanced by the Judicial Service Commission under this Agreement only for the purpose for which it was advanced and, subject to the provisions of Clause 5 of this Agreement, to repay the said sum so advanced in ................. equal monthly instalments commencing on the .....................................................

4.

The Purchaser agrees not to sell, dispose of or charge the said ........... until the whole of the said sum advanced under this Agreement has been repaid.

5.

The Purchaser agrees that if he dies or leaves the Judicial Service Commission before the said sum advanced by the Judicial Service has been repaid in full or if he commits any breach of this Agreement, then the whole of the balance of the said sum then outstanding shall forthwith become payable by the Purchaser or his legal personal representative and if not forthwith paid it shall be lawful for the Judicial Service, without prejudice to any other means of recovery:125

(a)

to deduct from any sum payable, whether by way of salary, pension, gratuity or otherwise by the Judicial Service Commission to the Purchaser or his/her legal personal representative the amount so outstanding:-

(b)

to take possession of the said ............................................. and to sell it and to deduct from the proceeds of sale the amount so outstanding;

WITNESS our hands the day and year above written. Signed by the said .............................................. (Purchaser's full name in BLOCK Letters) ............................................. Purchaser must sign here over Kshs.2 Revenue Stamp. in the presence of:Signature ............................................................................................................... Address .................................................................................................................. Occupation ............................................................................................................. (of the witness) *Signed by ................................................................................................................ (on behalf of the Judicial Service Commission) as aforesaid in the presence of:-

Signature ............................................ Address ..............................................

*To be signed by, or on behalf of, the Accounting officer.

126

SECTION I ALLOWANCES Introduction This section contains allowances which may be granted to officers in specific circumstances except house allowance, uniform allowance, training allowance and medical allowance which are covered by other sections of these regulations and allowances payable to isolated categories of employees owing to the nature of their duties.

While it may be considered that the salary attaching to a post represents appropriate remuneration of its holder for proper and efficient performance of day-to-day duties, there are circumstances in which additional payments are warranted. Such additional payments are made in the form of allowances, either to reimburse an officer for the expenses incurred directly or indirectly, in the execution of his/her duties, or to recompense him/her for services demanded over the above normal job requirements. These allowances are temporary and do not attract any superannuation benefits.

The allowances covered by this Section may be classified under two main categories namely:-

(a)

reimbursable allowances which constitute reimbursement of expenditure incurred, for instance, telephone, electricity, water, fuel, travel, subsistence, lunch etc.; and

(b)

remunerative allowances which are additional to salary e.g. acting allowance, overtime allowance, extraneous, hardship, transfer etc.

Unless otherwise stated in these Regulations, the payment of allowances will be at the discretion of the Accounting Officer who shall be able to justify the award of any allowance if required to do so by the Controller and Auditor-General. 127

SECTION I ALLOWANCES Regulation Content

Page

Part One: Reimbursable Allowances I.1

Per Diem…………………………………………………...............

129

I.2

Entertainment allowance ....................................................................

130

I.3

Subsistence allowance when travelling on duty outside Kenya…….

130

I.4

Motor vehicle allowance .....................................................................

132

I.5

Motor cycle/bicycle allowance .............................................................

132

Part Two: Remunerative Allowances I.6

Security allowance for Judicial Officers.....................................……

133

I.7

Security allowance for Clerical Cadre………………………………

133

I.8

Acting allowance .................................................................................

133

I.9

Special duty allowance ........................................................................

134

I.10

Overtime allowance ..............................................................................

136

I.11

Hardship allowance................................................................................

136

I.12

Responsibility allowance ......................................................................

137

I.13

Transfer allowance………. ..................................................................

137

I.14

Commuter/Transport allowance .................................………………

138

I.15

Non-practicing allowance ....................................................................

138

I.16

Leave allowance .. ................................................................................

138

I.17

Extraneous allowance ..........................................................................

138

I.18

Domestic Staff allowance ………………………………………….

139

I.19

Alimentary allowance ………………………………………………

139

I.20

Sitting allowance ……………………………………………………

139

I.21

Trainers’ allowance ………………………………………………...

139

128

LIST OF APPENDICES Appendix

Subject

Page

I.1

Claim for motor vehicle and accommodation/hotel allowances ……..

141

I.2

Per Diem allowance ………………………………………………...

143

I.3

Subsistence allowance when travelling outside Kenya .......................

144

I.4

Responsibility allowance .......................................................................

150

I.5

Other allowances .....................................................................................

151

129

SECTION I ALLOWANCES

Part One: Reimbursable Allowances Per Diem I.1

(i)

When an officer travelling on duty is required to stay overnight away from his/her

permanent station and makes his/her own arrangements for boarding and lodging, Per Diem allowance will be paid to him/her at the rates indicated in Appendix I.2. Eligibility for this allowance and the period of absence from the permanent station will be determined in each case, by the Accounting Officer/Head of Station taking into account such factors as the distance, mode of travel, nature of assignment and the time taken to travel from the permanent station to a specified destination.

(ii)

Per Diem may be paid for a maximum continuous period of thirty (30) nights.

(iii)

On transfer from one station to another, an officer may claim Per Diem allowance

for him/herself, spouse and up to a maximum of four unmarried children under 25 years of age, who are living with and are dependant on him/her, shall they be compelled to spend one or more nights on the journey. The rate of allowance for the spouse will be the same as that for the officer as set out in paragraph (i) above; and the rate for the children will be one half of that of the officer. (iv)

Where a Judge is accompanied by a spouse on circuit away from the permanent

station the Judiciary shall meet transport and accommodation allowance in respect of the spouse.

130

Entertainment allowance I.2.

(i)

Owing to the nature of their duties, some officers are from time to time called upon

to provide hospitality and entertainment. In order to enable them to meet such expenses, a nonaccountable monthly entertainment allowance is granted on the authority of the Chief Justice.

(ii)

In addition to the grant of entertainment allowance in terms of paragraph (i) of this

regulation, Entertainment Vote are held under the control of the Accounting Officer to meet expenses of essential entertainment given by any senior officer in the service in the course of his/her duties. A senior officer wishing to claim reimbursement of entertainment expenses is required to obtain specific authority from the Accounting Officer before incurring such expenses. Entertainment given on such occasion shall be as simple as possible. It is not possible to state precisely when a senior officer shall, or shall not entertain on behalf of the Judicial Service, but as a guide, it would be reasonable to accept entertainment expenses incurred on the following and such other occasions:-

(a)

When celebrating national events;

(b)

When important visitors meet senior judicial staff; and

(c)

When the Chief Justice, Judges, the Registrar or the Chief Court Administrator or their representatives visit provinces and districts on periodical official tours.

Subsistence allowance when travelling on duty outside Kenya I.3.

(i)

An officer who is required to travel on duty outside Kenya will be granted

subsistence allowance at the daily rates laid down in Appendix I.3 as amended from time to time.

(ii)

The rates of subsistence allowance which are payable for each complete period of 24

hours commencing from the time of departure from Kenya are designed to meet the cost of 131

accommodation at good, but not luxury class hotels, three meals a day plus service charges, local travelling (such as taxi, bus or train fare), incidental expenses including any taxes and an element in respect of essential entertainment. However, travelling expenses incurred from the airport of disembarkation to a hotel or other residential place, and vice versa, together with any airport charges, fees or inoculation, vaccination and visas will be refunded in addition to the payment of subsistence allowance.

(iii)

Where an officer's travelling, boarding and lodging expenses are paid in full directly

to the hosting institution/hotel by the Judicial Service, Government or any other organization, a residual allowance of up to one-quarter (1/4) of the standard rate of subsistence allowance may be paid to him to cover incidental expenses. Where lodging is provided free of charge, subsistence allowance may be paid at three-quarters (3/4) of the standard rate. In cases where the sponsor does not meet the expenses directly but pays an allowance and such allowance is less than the standard rate of subsistence allowance, the officer may claim the difference from the Judicial Service.

(iv)

An officer travelling on duty abroad is expected to regularize his/her expenses within

the standard rate of subsistence allowance. Nevertheless, in very exceptional circumstances, for example, when hotels are heavily booked during an international meeting and the officer has no choice of accommodation or when the standard rate of subsistence allowance is insufficient for any other justifiable reasons, consideration will be given by the Accounting Officer for a refund of the additional expenses on production of receipted bills in respect of actual expenditure incurred.

(v)

Where important delegations consisting of senior officers are required to travel

abroad to represent the Judicial Service Commission or Government, consideration will be given to the grant of subsistence allowances at special rates which will be decided upon the merit and requirements of each delegation. Applications for subsistence allowance at special rates, giving full particulars of the members of the delegation, the countries they are required to visit the nature of work of the delegation and the length of stay in each country, shall be submitted to the Chief Justice well in advance of the delegation's departure from Kenya.

132

Motor vehicle allowance I.4.

(i)

An officer who is permitted by the Accounting Officer to use his/her own motor

vehicle (and in very exceptional circumstances a hired or borrowed vehicle) when travelling on duty, will be granted an allowance, which will be known as motor vehicle allowance, at the Automobile Association (AA) rates released from time to time.

(ii)

The rates of motor vehicle allowance takes into account the cost of running motor

vehicles fully loaded and, therefore, no further claim will be accepted for the conveyance of any passengers. The allowance will not be paid when the distance travelled is less than one kilometre.

(iii)

Motor vehicle allowance shall be claimed at the end of each month by completion of

Form F.O.22, as shown in Appendix I.1, which shall be submitted to the Accounting Officer for approval.

Motor cycle/bicycle allowance I.5.

(i)

An officer whose duties entail frequent travelling may be permitted by the

Accounting Officer to use his own motor cycle/bicycle and claim an allowance at the AA rates applicable at the time.

(ii)

A claim for this allowance shall contain the following certificate.

"I certify that I have kept the motor cycle/bicycle in good condition for the period during which the allowance is claimed and it was available for the Judicial Service."

133

Part Two: Remunerative Allowances Security allowance for Judicial Officers I.6

Judicial officers (except Judges) shall be entitled to a security allowance at the rate of

Kshs.15,000.00 p.m. due to the nature of their work.

Security allowance for Clerical Cadre I.7.

(i)

When an officer of the clerical cadre is required to handle classified material at a

Secret/Confidential Registries and strong-rooms, a security allowance will be paid to him/her, subject to the approval of the Accounting Officer at the following rates;

(ii)

(a)

Clerical officer at 17 1/2% of his/her basic salary.

(b)

Higher clerical officer at 15% of his/her basic salary.

(c)

Senior clerical officer and above at 10% of his/her basic salary.

Authority for the payment of security allowance will not be granted to take effect

from a date earlier than three months prior to the date on which the recommendation is submitted to the Accounting Officer.

Acting allowance I.8

(i)

When an officer is appointed to act in a higher post by the appropriate authority

empowered to approve such appointments, an acting allowance will be paid to him/her at the rate of fifteen percent (15%) of his/her substantive basic salary.

(ii)

When an officer who has been drawing acting allowance following his/her

appointment to act in a higher post, is required to cease acting, s/he shall be notified immediately of the date of cessation of his/her acting allowance and in the case of an acting appointment which is 134

gazetted, the Judicial Service Commission shall also be informed of the date of an officer's reversion to this substantive grade.

(iii)

The relevant authority will not approve acting appointment to take effect from a date

earlier than three months prior to the date on which the recommendation is submitted to it. Notwithstanding this retro-activity, the relevant authority will not approve the acting appointment of an officer in a post to which s/he has already been promoted.

(iv)

When a post falls temporarily vacant due to the absence of an officer on account of

illness or leave, an acting appointment shall not be made unless the period of such absence exceeds 30 days. A recommendation for an acting appointment for a period of 30 days or less will be considered by the relevant authority only in those cases where the law or regulations require that, in the absence of the substantive holder of an office, the functions of that office can be exercised only if another officer is appointed in an acting capacity.

(v)

Acting allowance will be paid when an officer acts in a higher post for a continuous

period of more than 30 days or when his/her acting appointment follows another within an interval of not more than 15 days and the actual duration of both acting appointments is more than 30 days. Acting allowance will not be paid when an officer who has been appointed to act in a higher post is absent from duty for whatever reasons for a period of more than 30 days.

(vi)

An officer who is appointed to act in a higher post will be eligible for the duration of

his/her acting appointment to travelling privileges and other related allowances,

such as

hotel or accommodation allowance (but not house allowance, or hardship allowance) at the rates applicable to the minimum salary of the Job Group assigned to the higher post.

Special duty allowance I.9

(i)

When an officer does not possess the necessary qualifications and cannot be

appointed to act in a higher post, but is nevertheless called upon to undertake the duties of that post 135

either in full or in part for a limited period of time, a special duty allowance will be granted to him/her by the Authorized Officer acting on the advice of the Judicial Human Resource Management Advisory Committee.

(ii)

Recommendations for the payment of special duty allowance shall be submitted to

the Judicial Human Resource Management Advisory Committee immediately the officer assumes the duties of a higher post. Authority for payment of special duty allowance will not be granted to take effect from a date earlier than three (3) months prior to the date a recommendation is submitted to the Authorized Officer.

(iii)

Special duty allowance in each case will be payable at the rate of ten per (10%) of

the officer’s substantive basic salary.

(iv)

Special duty allowance will be paid when an officer who performs the duties in a

higher post for a continuous period of not less than thirty (30) days or when the special duty allowance appointment follows another within an interval of not more than fifteen (15) days and the actual duration both special duty allowance appointments is thirty (30) days or more.

The

allowance will not be paid when an officer who has been appointed to perform duties in a higher post is absent from duty for whatever reason for a period of more than thirty (30)) days.

(v)

Special duty allowance will not be paid for a period exceeding twelve consecutive

months unless efforts to fill the post substantively have been futile and authority is obtained from the Authorized Officer on advice of the Judicial/Departmental Human Resource Management Advisory Committee. In that event, the Head of Human Resource Management Department shall explain the arrangements s/he has made to fill the higher post in a substantive capacity.

(vi)

An officer who is appointed to act in a higher post will be eligible for the duration of

his/her acting appointment, for travelling privileges and other related ad hoc allowances, such as hotel or accommodation allowance. However, the officer will not qualify for house allowance or other remunerative allowances assigned to the higher post. 136

Overtime allowance I.10

(i)

When it is established that an officer in PLS 10 or below is required to work

overtime as a matter of urgent necessity and it is not possible to allow him/her equivalent time off in lieu of overtime, an allowance may be granted to him/her with prior approval of the Authorized Officer on the advice of the Judicial Human Resource Management Advisory Committee, for overtime worked in excess of 40 hours per week, at the rate of one and a half (11/2) times the officers salary during working days and two (2) times officers basic salary rate during other days including public holidays except as provided in sub-paragraph (iv) below:

(ii)

It is emphasized that overtime allowance shall not be paid for routine duties where it

is possible that alternative arrangements can be made for performance of the tasks within normal working hours.

(iii)

An officer in PLS 11 and above will not qualify for overtime allowance since

officers in this category are called upon to perform duties of a supervisory nature and this factor is taken into account in determining the rate of their remuneration.

(iv)

Paragraph (i) of this regulation will not apply where the rates of overtime allowance

for certain staff who are required to work overtime regularly have been authorised.

Hardship allowance I.11

(i)

An officer stationed in any of the designated hardship areas will be granted a

hardship allowance at the rate specified by the Government from time to time.

(ii)

A list of designated hardship areas may be obtained from the Registrar.

137

Responsibility allowance I.12

Judges, The Registrar, Magistrates and Kadhis, the Chief Court Administrator and officers

in PLS 11 and above are granted a responsibility allowance at the rates specified in Appendix I.4 to compensate them for the demands placed upon them by the nature of their duties.

Transfer allowance I.13

(i)

When an officer is transferred from one station to another s/he will be eligible for

payment of transfer allowance amounting to one month of his/her gross basic salary immediately prior to his/her departure to the new station provided the new station is not less than 40 km from the old station.

(ii)

Transfer allowance will not be paid to:-

(a)

officers proceeding on leave and returning to the same station or to officers moving from one house to another in the same station;

(b)

officers who are posted on temporary or relief duty for a period not exceeding three months; and

(c)

officers who are transferred on their own request to suit their own convenience.

138

Commuter/Transport allowance I.14

All officers will be eligible for Commuter/Transport allowance provided they are not

provided with Judicial Service transport as specified in appendix I.6.

Non-practicing allowance I.15

All Judicial officers (except Kadhis) shall be eligible to Non-practicing allowance at the rate

specified in Appendix I.5.

Leave allowance I.16

(i)

An officer who takes a minimum of one-half (11/2) of his/her annual leave

entitlement will be eligible for leave allowance once a year (Appendix I.5).

(ii)

The rate of leave allowance will be determined by the Judicial Service Commission

from time to time.

(iii)

An officer stationed in any designated hardship area may proceed on leave twice a

year (i.e. from 1st January to 30th June and from 1st July to 31st December) provided that s/he takes not less than half (1/2) of his/her leave entitlement.

Extraneous allowance I.17

Extraneous allowance is paid to officers working in certain offices as a way of

compensating them for extraneous nature of their duty as they are required to work for long hours during week days, weekends and sometimes on public holidays. Its payable to the Chief Justice, Judges, Registrar, Chief Court Administrator, Chief Magistrates, Senior Principal Magistrates, 139

Principal Magistrates, Senior Resident Magistrates and officers in PLS 11 and above. The rates applicable are set in Appendix I.5.

Domestic Staff allowance I.18

Domestic Staff allowance is paid to the Chief Justice, Judges, Registrar, Chief Court

Administrator and Chief Magistrates in order to hire professional domestic staff as shown in Appendix 1.5.

Alimentary allowance I.19

An officer while on suspension from duty may request the authority to be paid an

Alimentary allowance to be determined by the Chief Justice or the Registrar as the case may be.

Sitting allowance I.20

There are various Committees in the Judicial Service which are categorized as

Constitutional, Statutory and Administrative. Officers called upon to serve on these Committees may be entitled to an allowance as shall be determined by the Chief Justice in consultation with the Accounting Officer.

Trainers’ allowance I.21

Officers who are called upon to facilitate at workshops, seminars and conferences will be

entitled to the following allowances as set out in the table on the next page:

140

Trainers’ Allowances S/NO.

ACTOR

AMOUNT IN KSHS.

1.

Resource persons

2.

Coordinator

3.

Rapporteurs

KShs. 5,000/= per two hours session for preparation and presentation of a paper. If the resourcing is less than two hours, then the amount shall be prorated accordingly. Kshs.3,000/= per day (maximum of 2 coordinators) KShs.2,000/= per day (maximum of 2 rapporteurs)

4.

Participants

5.

Secretary

Kshs.1,000/= per day for residential seminars/workshops/conferences as an out-ofpocket allowance Kshs.1,200/= per day (one secretary only)

6.

Driver

Kshs.1,000/= per day

7.

Documentation/support staff

8.

Accountant

Kshs.500/= per day (one documentation/support staff only) Kshs.1,000/= per day (where the service of an accountant are required for a maximum period of two days.)

Workshops which are meant to review, develop and produce reports shall be treated as Retreats and be for a maximum duration of twenty (20) days. The participants of such Retreats shall not exceed ten (10) participants and will be paid at a rate of Kshs.5,000/= per day.

The duration of seminars, workshops, conferences shall not exceed three weeks. Any seminar, workshop and conference beyond three (3) weeks will be considered as a course and will be subjected to the provisions stipulated in these Regulations.

141

APPENDIX I.1 (Reference Regulation I.4) JUDICIAL SERVICE CLAIM FOR MOTOR VEHICLE

Examined Name and Address

Amount claimed (in words)

KShs.

Amount

KShs.

Cts.

I HEREBY CERTIFY THAT: 1.

The journeys for which motor vehicle Allowance is claimed were undertaken whilst travelling on duty in my own motor vehicle.

Reg. No.

Make

of

c.c.

Signature of Claimant

Designation

RECOMMENDATION

Date

AUTHORIZATION

I certify that the expenses enumerated

I hereby AUTHORISE payment of the sum

over leaf were undertaken on Government

claimed which shall be charged as shown

Service, were necessary, have been properly

below:

Authorised, and I RECOMMEND payment of the sum claimed.

Signature

Designation

Signature Designation

Date ……………………

Date ………………………

142

Account

A.I.E

DEPT

STATION

Vch. No.

CASH

BOOK

AMOUNT

BOOK

Date

Kshs. Cts.

Vch. NO.

MOTOR VEHICLE ALLOWANCE Date of Journey

Description of

Reasons for

Journey

Journey

Kilometres

Rate

Amount

ACCOMMODATION/HOTEL ALLOWANCE Dates

Names of

Hotels, Club

No.

Stations

Restaurants etc.

Rate

Amount

Kshs.

Cts

Motor vehicle allowance brought down

Total

Total of Claim

CLAIM RECEIPT Received the amount of this claim as stated above and on the face hereof Kshs.

Cts.

Date ……………………….. (c)

Witness ……………………….

Bicycle allowance (Regulation I.5)

Rate

143

Signature ………………………. KShs.300.00 per month.

APPENDIX I.2 (Reference Regulation I.1)

JUDICIAL SERVICE PER DIEM ALLOWANCE

GRADE

DESIGNATION

PER DIEM (Kshs.)

J1

Hon. Chief Justice

16,000.00

J2

Court of Appeal Judge

14,000.00

J3

High Court Judge

13,000.00

R4

Registrar

12,000.00

CCA, M8,M7, M6

11,000.00

M5,M4,

9,000.00

M3, M2, M1

7,600.00

PLS 15,14,13

11,000.00

PLS 12,11,10

9,000.00

PLS 9,8

7,600.00

PLS 7,6,5

5,400.00

PLS 4,3,2,1

3,500.00

144

APPENDIX I.3 (Reference Regulation I.3)

LIST OF SUBSISTENCE ALLOWANCE RATES PAYABLE TO OFFICERS TRAVELLING OUTSIDE KENYA

COUNTRY

CHIEF JUSTICE, JUDGE OF APPEAL, JUDGE OF HIGH COURT AND REGISTRAR US$

CHIEF COURT ADMINISTRATOR, MAGISTRATES IN JOB GROUPS M8, M7, M6 AND OFFICERS IN PLS 15, PLS 14, AND PLS 13 US$

MAGISTRATES IN JOB GROUPS M5, M4, M3 AND OFFICERS IN PLS 12, PLS 11, AND PLS 10 US$

ALL OTHER OFFICERS US$

Afghanistan

178

160

143

125

Albania

177

159

155

153

Algeria

218

196

180

176

Angola

283

278

275

273

Argentina

199

193

190

188

Austria

267

245

240

236

Australia

244

228

225

222

Bahamas

315

283

252

220

Bahrain

235

230

225

220

Bangladesh

192

187

184

180

Barbados

245

220

209

204

Belgium

291

262

254

249

Belize

160

155

150

147

Benin

198

185

181

178

Bermuda

264

233

211

197

Bolivia

147

142

140

138

Botswana

190

185

180

176

145

Brazil

207

186

166

150

Bulgaria

180

175

170

167

Burkina Faso

189

170

152

137

Burma

123

111

105

102

Burundi

199

193

190

187

Cambodia

179

175

170

164

Cameroon

214

193

185

180

Canada

268

261

255

251

Cape Verde

164

159

154

150

Central African Republic Chad

196

176

156

140

246

240

232

229

Chile

189

184

182

180

China

207

186

182

180

Colombia

162

146

130

120

Comoros

252

227

202

189

Congo

209

188

184

180

Costa Rica

162

146

143

140

Cote d' Ivoire

212

190

169

157

Cuba

210

205

200

195

Cyprus

240

235

230

226

Czech Republic

234

229

225

220

Denmark

297

292

289

284

Djibouti

193

188

185

180

Dominica

195

190

188

185

Ecuador

158

153

149

145

Egypt

211

206

200

185

El Salvador

155

149

146

142

Equatorial Guinea Ethiopia

165

160

155

150

277

249

222

211

146

Fiji

175

168

165

160

Finland

321

289

257

228

France

271

265

260

255

French Guyana

199

179

159

149

Gabon

213

199

170

160

Gambia

155

139

124

112

Germany

325

292

260

257

Ghana

168

161

155

150

Greece

295

290

285

280

Grenada

262

257

250

245

Guadaloupe

205

185

175

170

Guatemala

162

157

150

145

Guinea

191

171

152

142

Guinea Bissau

200

120

110

107

Guyana

156

151

146

144

Haiti

180

175

170

165

Honduras

177

170

165

160

Hong Kong

271

252

250

247

Hungary

248

224

199

190

Iceland

260

254

250

247

India

206

200

198

197

Indonesia

196

185

182

180

Iran

336

302

269

252

Iraq

461

415

369

346

Ireland

265

260

255

250

Israel

401

361

321

270

Italy

326

293

275

265

Jamaica

240

234

230

228

Japan

405

364

341

339

147

Jordan

267

240

225

220

Korea

250

245

240

238

Kuwait

426

384

341

316

Laos

130

125

120

118

Lebanon

390

351

312

292

Lesotho

124

112

110

107

Liberia

247

240

235

232

Libya

296

266

260

255

Luxembourg

218

213

210

208

Madagascar

231

208

185

168

Malawi

225

220

215

210

Malaysia

256

231

205

192

Maldives

165

160

155

150

Mali

194

177

175

173

Malta

252

244

240

238

Mauritania

179

161

144

135

Mauritius

275

270

268

265

Mexico

267

260

256

254

Monaco

400

360

320

300

Mongolia

188

169

150

141

Morocco

327

269

262

246

Mozambique

170

164

160

158

Namibia

135

122

108

105

Nepal

146

132

118

115

Netherlands

295

290

285

280

New Zealand

350

315

280

262

Nicaragua

206

180

160

148

Niger

202

182

161

150

Nigeria

272

260

255

250

148

Norway

237

230

226

224

Oman

342

308

274

257

Pakistan

206

201

189

185

Panama

175

170

167

165

Papua New Guinea Paraguay

261

235

208

195

182

175

170

168

Peru

232

210

205

200

Philippines

216

195

173

162

Poland

230

225

220

215

Portugal

230

225

220

218

Puerto Rico

200

195

190

185

Qatar

250

225

212

200

Reunion

184

175

170

165

Romania

255

250

247

245

Rwanda

175

170

166

160

Samoa

157

142

126

116

Saudi Arabia

328

295

262

245

Senegal

197

192

189

186

Seychelles

299

294

290

287

Sierra Leone

312

281

250

234

Singapore

400

320

280

250

Somalia

128

115

110

106

South Africa

202

197

194

189

Spain

331

297

264

239

Sri Lanka

157

142

126

118

Sudan

239

220

217

214

Surinam

382

344

306

287

Swaziland

197

190

186

181

Sweden

305

297

292

290

149

Switzerland

405

364

324

302

Syria

262

236

210

197

Taiwan

184

165

147

140

Tanzania

147

141

136

132

Thailand

184

166

164

160

Togo

170

165

160

155

Tonga

133

120

110

106

Tobago

212

207

205

202

Trinidad

212

207

205

202

Tunisia

171

166

164

162

Turkey

373

336

299

280

Uganda

147

141

136

132

Russia

374

369

360

355

United Arab Emirates United Kingdom U.S.A.

334

301

267

250

318

312

310

300

278

272

270

268

Uruguay

180

175

170

166

Venezuela

216

210

196

101

Vietnam

122

116

112

110

Yemen

279

251

223

209

Yugoslavia

262

236

210

196

Zaire

282

253

225

211

Zambia

216

173

170

152

Zimbabwe

178

172

170

152

150

APPENDIX I.4 (Reference Regulation I.12)

Responsibility allowance ───────────────────────────────────────────────────────────── Rates KShs. per month ───────────────────────────────────────────────────────────── Chief Justice .......................................................................................................

27,500.00

Judge of Appeal ..................................................................................................

20,000.00

Judge of High Court ...........................................................................................

17,000.00

Registrar High Court ..........................................................................................

14,000.00

Chief Court Administrator …………………………………………………..

10,000.00

Chief Magistrate/PLS15 .....................................................................................

10,000.00

Senior Principal Magistrate, Chief Kadhi & PLS 14 .........................................

8,000.00

Principal Magistrate and PLS 13 ........................................................................

7,000.00

M1, M2, M3, M4, M5 and PLS 11 to 12……………………………………….

5,500.00

151

APPENDIX I.5 (Reference Regulation I.12)

OTHER ALLOWANCES

Entertainment allowance Chief Justice .............................................................................................

120,000.00 p.m.

Judge of Appeal .......................................................................................

100,000.00 p.m.

High Court Judge .....................................................................................

90,000.00 p.m.

Registrar, High Court ................................................................................

85,000.00 p.m.

Chief Court Administrator/Chief Magistrate .......................................…

40,000.00 p.m.

Senior Principal Magistrate ..........................................................................

30,000.00 p.m.

Chief Kadhi ...................................................................................................

30,000.00 p.m.

Principal Magistrate ......................................................................................

20,000.00 p.m.

Commuter/Transport allowance Chief Magistrate/PLS 15 ................................................................................

16,000.00 p.m.

Senior Principal Magistrate ...........................................................................

12,000.00 p.m.

Chief Kadhi ....................................................................................................

12,000.00 p.m.

Principal Magistrate ........................................................................................

12,000.00 p.m.

Senior Resident Magistrate .............................................................................

8,000.00 p.m.

Resident Magistrate .........................................................................................

8,000.00 p.m.

District Magistrate .............................................................................................

8,000.00 p.m.

Kadhi .................................................................................................................

8,000.00 p.m.

PLS 14 and PLS 13 …………………………………………………………

12,000.00 p.m.

PLS 12, PLS 11 and PLS 10 ……………………………………………….

8,000.00 p.m.

PLS 9, PLS 8 and PLS 7 ……………………………………………………

4,000.00 p.m.

PLS 6 – PLS 1 ………………………………………………………………

2,000.00 p.m.

152

Non-Practising allowance Chief Justice ..................................................................................................... 100,000.00 p.m. Judge of Appeal ...............................................................................................

80,000.00 p.m.

Judge of High Court .......................................................................................... 60,000.00 p.m. Registrar, High Court ........................................................................................ 40,000.00 p.m. Chief Court Administrator/Chief Magistrate .................................................... 40,000 .00 p.m. Senior Principal Magistrate/Principal Magistrate............................................... 30,000 .00 p.m. Senior Resident Magistrate/Resident Magistrate................................................. 20,000.00 p.m.

Leave allowance Chief Justice ………………………………………………………………… 30,000.00 p.a. Judge of Appeal ……………………………………………………………… 28,000.00 p.a. High Court Judge ……………………………………………………………. 26,000.00 p.a. Registrar, High Court ………………………………………………………… 25,000.00 p.a. Chief Magistrate ……………………………………………………………… 22,000.00 p.a. Senior Principle Magistrate, Chief Kadhi and Principal Magistrate ………….. 20,000.00 p.a. Senior Resident Magistrate, Resident Magistrate and District Magistrate ……………………………………………………………………. 18,000.00 p.a. PLS 15 ……………………………………………………………………….

22,000.00 p.a.

PLS 13 &14 …………………………………………………………………… 20,000.00 p.a. PLS 10 – 12 …………………………………………………………………… 18,000.00 p.a. PLS 7 – 9 ……………………………………………………………………… 16,000.00 p.a. PLS 4 – 6 ……………………………………………………………………… 14,000.00 p.a. PLS 1 – 3 ……………………………………………………………………… 12,000.00 p.a.

Extraneous allowance Chief Justice …………………………………………………………………

145,000.00 p.m.

Judge of Appeal ………………………………………………………………

73,000.00 p.m.

High Court Judge ……………………………………………………………

65,000.00 p.m.

Registrar ………………………………………………………………………. 60,000.00 p.m. 153

Chief Court Administrator/Chief Magistrate and PLS 15……………………… 50,000.00 p.m. Senior Principal Magistrate/Principal Magistrate/Chief Kadhi and PLS 13 to14

40,000.00 p.m.

Senior Resident Magistrate and PLS 11 to 12 …………………………………

30,000.00 p.m.

Domestic Staff allowance Chief Justice …………………………………………………………………..

80,000.00 p.m.

Judge of Appeal ……………………………………………………………….

50,000.00 p.m.

High Court Judge ……………………………………………………………..

40,000.00 p.m.

Registrar ………………………………………………………………………

30,000.00 p.m.

Chief Court Administrator/Chief Magistrate …………………………………..

20,000.00 p.m.

154

SECTION J TRANSPORT

Introduction This section deals with transport facilities available to an officer when travelling on duty. It includes travelling privileges to members of the officer's family in certain circumstances and transportation of personal effects.

An officer travelling at Judicial Service expense shall make use of the most economical mode of transport. However, when the execution of an officer's public duties is likely to be delayed or hindered owing to the mode of transport, departmental transport may be utilised or any other arrangements may be made with the prior approval of the Accounting Officer/Head of Station who shall satisfy himself that the expense involved is fully justified.

155

SECTION J TRANSPORT

Regulation Content

Page

Part One: Transport of Personnel J.1

Eligibility for transport …………………………………………….

158

J.2

Travelling by public service transport ………………………………

158

J.3

Travelling by officer’s own car ……………………………………..

158

J.4

Travelling by air …………………………………………………….

159

J.5

Reimbursement of taxi fares …………………………………………

160

J.6

Travelling on annual leave …………………………………………..

160

J.7

Travelling for medical treatment in Kenya …………………………..

160

J.8

Travelling on termination of appointment or retirement ……………..

161

J.9

Travelling for interview ………………………………………………

161

Part Two: Transport of Baggage J.10

Eligibility for transport of baggage …………………………………. .

161

J.11

Baggage allowance when travelling by air ……………………………

162

Part Three: Judicial Transport J.12

Judicial Service vehicle register ………………………………………

162

J.13

Log books…………………. …………………………………………

162

J.14

Ignition keys ………………………………………………………….

163

J.15

Drivers ………………………………………………………………..

164

J.16

Motor vehicles work ticket ……………………………………………

164

J.17

Speed limits ……………………………………………………………

165

J.18

Use of Judicial Service vehicles ………………………………………

165

J.19

Vehicle Check Unit ……………………………………………………

166

156

J.20

Accident reporting procedure ………………………………………….

167

Part Four: Transportation of a deceased Judicial Service employees for burial J.21

Transport facilities ……………………………………………………..

169

J.22

Mode of transport ………………………………………………………

169

J.23

Hire of transport ………………………………………………………..

170

J.24

Transport for the representatives of Judicial Service ……………………

170

J.25

Transport of deceased person’s baggage ………………………………..

170

157

LIST OF APPENDICES

Appendix

Subject

Page

J.1

Accounting Officers’ Report of Accident to vehicle …………………..

171

J.2

Certificate of Discharge ……………………………………………….

173

J.3

Baggage Allowance …………………………………………………..

174

158

SECTION J TRANSPORT

Part One: Transport of Personnel Eligibility for transport J.1

(i)

Transport shall be provided at judicial service expense for the officer, spouse and

unmarried children under 25 years of age, who are living with and are dependent on the officer, on occasion when they are travelling on first appointment, transfer, treatment, retirement and termination of appointment. The age limit for children may be extended beyond 25 years under special circumstances (e.g. permanent disability and for those still in school) with the approval of the Accounting Officer.

(ii)

Transport will also be provided for the officer travelling on duty outside the duty

station.

Travelling by public service transport J.2.

When travelling by public transport on first appointment, transfer or duty outside the duty

station, an officer will be provided with fare at rates determined from time to time.

Travelling by officer's own car

J.3.

(i)

Where there may be no Government vehicle to travel on official duty outside the

normal duty station, an officer may seek permission of the Accounting Officer to utilize his/her own car. Permission will normally be granted where the use of a motor vehicle is economical and in the interest of the service. 159

(ii)

Where such permission is granted, the employee shall claim reimbursement based

on the prevailing rates. The vehicle capacity shall be limited to 2,000 c.c.

(iii)

Where possible, officers shall travel together in one vehicle where they are travelling

in the same direction.

Travelling by air J.4.

(i)

When travelling on duty to another country an officer shall normally travel by air.

Air travel on duty within Kenya will require the prior approval of the Accounting Officer. Such approval may be given only if other modes of transport are unavailable or air travel is economical or where the saving of time is paramount.

(ii)

(iii)

Air bookings for officers shall be arranged as follows:

(a)

J1 - J3, R4, CCA, M8 and PLS15

-

First Class

(b)

M6 & M7, PLS 13 & 14,

-

Business Class

(c)

All other Job Groups

-

Economy Class.

If, due to shortage of accommodation, first class air passages are not available, an

officer may be required to travel by economy class without claim for compensation.

(iv)

When it is necessary to travel by air within Kenya to places not served by any

commercial airline, the services of the Kenya Police Air Wing, Kenya Air Force, chartered plane, Kenya Wildlife Services shall be utilised and air bookings shall be arranged by the Officer incharge.

160

Reimbursement of taxi fares J.5.

(i)

When travelling on duty, an officer may be reimbursed the cost of taxi fares at

standard rates from his/her residence to the railway station, appropriate bus terminal or airport and vice versa, provided Judicial Service transport is not available. For the purpose of this regulation, the rates chargeable by KENATCO will be used as a guide.

(ii)

An officer who makes use of his/her own car in the circumstances described in

paragraph J.5 (i) above may claim normal motor-vehicle allowance. The rates chargeable by AA will be used as a guide.

(iii)

Claims for motor vehicle allowance or for the reimbursement of taxi fares shall be

certified by the claimant to the effect that no Judicial Service or public transport was available.

Travelling on annual leave J.6.

(i)

An officer who takes a minimum of one-half of his/her annual leave entitlement will

be granted leave allowance applicable to his/her grade.

(ii)

An officer stationed in hardship area will be granted three (3) days for travelling to

and from the station to his/her leave destiny.

Travelling for medical treatment in Kenya J.7.

(i)

Transport will be granted to an officer who is required, on a written recommendation

of a Medical Practitioner, to visit a medical specialist, for treatment which is not available at the station to which s/he is posted. The officer concerned will be required to satisfy the Accounting Officer that the necessary treatment can not be obtained in officer's duty station.

161

(ii)

Similar travelling privileges will be granted to members of officer's family as

defined in Regulation J.1 (i).

Travelling on termination of appointment or retirement J.8.

On termination of appointment or on retirement an officer will be provided with free

transport to his/her home in Kenya provided such transport is claimed and taken within two months of his/her cessation of duty. This privilege will not apply to an officer who resigns his/her appointment or who is dismissed from the service.

Travelling for interview J.9. An officer who is called for an interview by the Judicial Service Commission or other government bodies will be regarded as travelling on duty and his/her travelling expenses will be charged to the appropriate vote of the Judicial Service. This regulation will also apply to officers who travel to other stations to sit examinations conducted by the Public Service Commission.

Part Two: Transport of Baggage

Eligibility for transport of baggage J.10.

(i)

When travelling on first appointment, transfer, duty, termination of appointment or

retirement, an officer shall be provided with a vehicle to transport his/her luggage. However, in the absence of a vehicle, the officer will be eligible for a baggage allowance.

(ii) In case of the death of an employee, the deceased legal representative will be eligible for a baggage allowance.

162

(iii)

Payment of baggage allowance will be in accordance with the prevailing rates as

will be determined by the Commission from time to time. The current rates of baggage allowance are as specified in Appendix J.3.

Baggage allowance when travelling by air J.11.

An officer travelling on duty by air will not normally be granted any baggage allowance in

addition to the free allowance on his/her air ticket, unless an excess is required for official purposes in which case the cost of excess baggage will be reimbursed.

Part Three: Judicial Transport

Judicial Service vehicle register J.12. A register of all Judicial Service vehicles and motor cycles will be maintained by the Registrar. The register will include the following particulars:

(i)

Description of vehicle

(ii)

Chassis number

(iii)

Engine number

(iv)

Registration number

(v)

The date the vehicle is put into service

(vi)

To whom allotted

(vii)

The date of disposal of the vehicle.

Log books J.13.

(i)

A log-book will be maintained to provide an operating record until the time of its

disposal. On disposal of the vehicle, the record-book shall be returned to the Registrar. Officers responsible for vehicles must inspect them and sign the log-books regularly, preferably weekly, and 163

must insist on their correct completion. Any damage or defect noticed during the inspection shall be recorded in the record-book and reported to the Registrar.

(ii)

Entries in the record book will include the following information:-

(a)

Type and description of vehicle

(b)

Make

(c)

Chassis and engine number

(d)

Engine capacity

(e)

Registration

(f)

To whom vehicle is allotted

(g)

Brief description of any modification carried out subsequent to purchase

(h)

Details of repairs (other than minor adjustments)

(i)

Monthly progressive mileage totals with average oil and petrol consumption per kilometre or running hours

(j)

An inventory of tools and equipment issued to the vehicle

(k)

Number and description of all tyre issued to the vehicle including replacements

(l)

Record of inspections and oil changes

(m)

Fuel, oil and mileage log

(n)

Particulars of transfers between stations.

Ignition keys J.14.

The keys of all Judicial Service vehicles in the common pool, must be handed to the

Transport Officer, or the officer-in-charge of the vehicle, outside office hours.

164

Drivers J.15.

(i)

All drivers required to drive Judicial Service vehicles must have valid driving

licences and must have passed suitability tests organised by Chief Mechanical and Transport Engineer, be in possession of a certificate in First Aid, certificate in motor vehicle maintenance and certificate of Good Conduct. An officer authorising the use of a Judicial Service vehicle by a driver who does not possess a valid licence will be responsible for any pecuniary loss that may result to Judicial Service.

(ii)

The cost of annual driving licences of established official drivers will be met from

funds of the Judicial Service.

(iii)

Save in exceptional circumstances and with the written authority of the Accounting

Officer, a Judicial Service vehicle in the common pool shall not be driven by an officer other than the established official driver. An officer who fails to produce such written authority, in addition to the driving licence will be subject to severe disciplinary action.

(iv)

Drivers of Judicial Service vehicles must at all time set the highest standard of road

conduct and shall also not smoke or engage in conversation or use mobile phones whilst driving.

Motor vehicle work ticket J.16.

The use of the work ticket for a Judicial Service vehicle is compulsory. Any driver of a

Judicial Service Vehicle (or any officer for the time being authorised to drive such a vehicle) found operating without a Work Ticket properly authorising a journey in question, or found deviating from the route authorised, or found carrying unauthorised passengers or goods, will be subject to disciplinary action. The instructions set out in the front cover of the book of Work Tickets must be made known to all drivers and other officers responsible for the management of Judicial Service transport. A summary (as provided for at item G of the cover) of fuel, oil and distance travelled, will be entered, with the relative work ticket number, in the vehicle record-book on completion of 165

each such ticket, or at the end of each month shall a ticket remain incomplete at the end of that month.

Speed limits J.17.

Drivers of Judicial Service vehicles must at all times observe the statutory speed limits while

not exceeding the maximum speed allotted to the class of vehicle being driven.

Use of Judicial Service vehicles J.18.

(i)

Except as provided for in (vi) below, Judicial Service vehicles in the common pool

are intended for official purposes and must never be used for private purposes such as business or pleasure. It is the responsibility of the Registrar or Officer in charge of stations to ensure that a Judicial Service vehicle is properly used. An officer who makes improper use of a Judicial Service vehicle will render him/herself liable to surcharge in addition to any other disciplinary action which may include dismissal. In order to prevent unauthorised use of Judicial Service vehicles all officers are duty bound to report to the appropriate authority and in detail any Judicial Service vehicle which can reasonably be suspected of being in unauthorised private use. Appropriate authority for this purpose means the Registrar.

(ii)

No Judicial Service vehicle in the common pool shall be on the road unless it is

properly authorised for official business. In particular, no such vehicle shall be out on the road after office hours (that is 5.00 p.m.) unless it is authorised to carry out an emergency or essential service. In such a case the authority for the vehicle to be out will be given in writing by the Registrar or officer-in-charge of the transport or station where the vehicle is assigned.

(iii)

Officers are expected to pool transport when travelling to the same destination.

166

(iv)

In order to facilitate proper monitoring of the use of Judicial Service vehicles,

officers in charge of transport must submit monthly returns on all vehicles under their charge to the Accounting Officer, specifying the following information for each vehicle:-

(v)

(a)

Vehicle particulars

(b)

Distance travelled during the month

(c)

Amount of fuel consumed

(d)

Details and cost of all repairs

(e)

Details of grounded vehicles and reasons

(f)

Any other relevant remarks.

A Surcharge Committee composed of officers from Office of the President, the

Treasury, the Ministry of Transport and Communications and The Directorate of Personnel Management has been established in the Office of the President to deal with reported cases of misuse of Government Vehicle including Judicial Service vehicles in the common pool.

(vi)

Adequate insurance cover for the vehicle, the driver, passengers and third party

liability must be taken out when a vehicle is used for private purposes for example when ferrying non-Judicial Service staff

Vehicle Check Unit J.19.

A special unit of the Kenya Police known as the Government Vehicle Check Unit may stop

and check any Judicial Service vehicle and to prefer charges (where appropriate) against the driver or any officer authorized to drive. On the occasion of each such check, a report shall be submitted direct to the Registrar with copies to the Surcharge Committee and the Controller and AuditorGeneral. The Registrar will be expected to comment on the report within 30 days before the Surcharge Committee deliberates on the matter.

167

Accident reporting procedure J.20.

(i)

All officers and drivers in charge of Judicial Service motor vehicles shall acquaint

themselves with the provisions of the Traffic Act (Cap.403) which makes it obligatory for a driver of a vehicle involved in an accident to stop and give his/her name and address, the name and address of the owner and the identification marks of the vehicle to any person having reasonable grounds to require these particulars. If for any reason the driver of the motor vehicle does not give his/her name and address to any such person, or if any injury has been caused, s/he must report the accident at the nearest police station or to a police officer.

(ii)

Any other person in the vehicle at the time of the accident shall also, if required to

do so, give his/her name and address.

(iii)

If, in the case of any such accident as aforesaid, the driver of the motor vehicle for

any reason does not give his/her name and address to any such person as aforesaid, or if any injury has been caused to any person, dog or cattle, the driver shall report the accident at a police station or to a police officer as soon as reasonably possible, and in any case within twenty four (24) hours of the occurrence thereof.

(iv)

While this statutory obligation applies also to drivers of Judicial Service vehicles,

every accident to such a vehicle, however minor, must be reported immediately to the officer-incharge of the Police Station in whose area the accident occurs, whether or not such an accident has caused any injury or damage to any person, vehicle or domestic animal. In order that a proper investigation may be carried out into the cause of the accident, the driver of the vehicle will not move the vehicle from the scene of the accident unless authorised to do so by the police officer.

(v)

In addition to any report to the police, a preliminary accident report must be

rendered on the same day as the accident to the Registrar giving the following particulars:-

(a)

Registration number of the vehicle and the name of the driver 168

(b)

Place, time and brief circumstances of the accident

(c)

Name of any other person or persons who have, or whose property has suffered damage, who have caused damage to Judicial Service property, and the number of their vehicle

(d)

Estimate of damage suffered by (c) above or by Judicial Service personnel or property or both

(e)

The date on which the accident was reported and the name of the police officer who took the report and the police station where it was made.

(vi)

In cases where the driver has been arrested, the officer-in-charge of the police station

concerned will make his report to the officer in supervisory charge of the vehicle - but in all other cases the driver him/herself, unless incapacitated by the accident, will be responsible for initiating the report.

(vii)

On receipt of the report, it will be the responsibility of the Registrar to call for a

detailed report from the officer in supervisory charge of the vehicle.

(viii)

Where Judicial Service incurs expenditure, whether by reason of any third party

claim or otherwise, as a result of any accident to its vehicle and such accident is attributable wholly or in part to the negligence or misconduct of any of its employee, the latter may be required to reimburse to the Judicial Service the whole or part of any such expenditure.

(ix)

All cases (except those of The Work Injury Benefits Act No. 13 of 2007) where

there is a claim for damages or personal injuries against the Judicial Service, shall be referred to the Attorney-General who will call for the Police Investigation File relevant to the accident and give advice. If the Attorney-General advises payment of damages or for personal injuries, the case shall be referred to the Permanent Secretary to the Treasury for instructions before any liability is admitted or any payments made. A report must also be submitted to the Treasury in cases where the damage to the vehicle exceeds KShs.1,000, even though no third party may have suffered injury or

169

damage. The reports made in accordance with this regulation shall be submitted in the form set out in Appendix J.1.

(x)

In cases where claims are paid to insurance companies or advocates in respect of

accidents, discharge certificates signed by the owner of the vehicle involved shall be obtained. The discharge certificate must be in the form set out in Appendix J.2.

(xi)

Accidents involving Judicial Service vehicles while being used for private purposes

must be reported by the responsible officer without delay to the appropriate insurance company.

Part Four: Transportation of a deceased Judicial Service employees for burial

Transport facilities J.21.

Transport facilities for the deceased and immediate family members will be provided at

Judicial Service expense to the place of burial when an officer dies while in service and if the spouse or children aged 25 years and below die while the officer is still in the service. In addition, the Judicial Service will make contributions to defray funeral expenses for a deceased officer, one spouse and up to four (4) children aged 25 years and below up to a maximum of Kshs.20,000/-.

Mode of transport J.22.

The Accounting Officer may use his/her discretion in determining the mode of transport

which may be authorised for the conveyance of the deceased's body to the place of burial before meeting such expenses from public funds.

170

Hire of transport J.23.

Where transport by the Judicial Service is not available, a private vehicle may be hired at the

expense of the Judicial Service and shall not exceed the charges normally levied by a Local Authority for the hire of a hearse.

Transport for representatives of the Judicial Service J.24.

The provision of free transport for an officer or officers representing the Judicial Service at

the burial of a deceased officer will be granted at the discretion of the Accounting Officer.

Transport of a deceased person's baggage J.25

In case of the death of an employee, the deceased legal representative will be eligible for a

baggage allowance at the prevailing rates in these Regulations.

171

APPENDIX J.1 (Reference Regulation J. 20(ix))

ACCOUNTING OFFICER'S REPORT OF ACCIDENT TO VEHICLE

GK No. .............

TO THE PERMANENT SECRETARY, THE TREASURY, NAIROBI I have to report an accident in which the above vehicle was involved which occurred at ................................. on ............................................................... Full details of the accident are given on the reverse side of this form and a copy of the Police Report is attached. Summarized particulars of the accident are as follows: 1.

2.

3.

(a)

Name of driver of Judicial Service vehicle ............ ....................................................................

(b)

His driving licence number and classes authorized to drive ..... .................................................

(c)

Was he on an authorized journey? ...................... ........................................................................

(d)

Was he on his correct route? .......................... .............................................................................

(e)

Was the journey correctly entered on the work ticket? …………….........................................

(a)

Name of driver of the other vehicle ....................... ....................................................................

(b)

Make and type ......................................... ...................................................................................

(c)

Registration number ................................... ................................................................................

(d)

Owner ................................................. ........................................................................................

(e)

His driving licence No. and class etc. ………………………………………………………

(a)

Estimated cost of damage and repairs to Judicial Service vehicle ............................................

(b)

What action is being taken or is recommended to recover this cost and from whom .................................................................................................................................................

4.

Estimated cost of damage and repairs to other vehicles ....... .............................................................

172

5.

Names of any persons injured in the accident ..................................................................................... ……………………………………………………………………………………………………..

6.

Extent of injuries ....................................................................................................................................

7.

(a)

Has any claim for compensation been made against Judicial Service, and if so, by whom? ...................................................................................................................................................... ...................................................................................................................................................... .....................................................................................................................................................

8.

(b)

Amount of claim ....................................... .................................................................................

(c)

What is the basis of the claim? ....................................... ….......................................................

(d)

How the claim has been dealt with ............................................................................... ………

Has anyone been prosecuted in

connection with this

accident, and if

so, who?

............................................ .......................................................................................................................

9.

(a)

Who is regarded as responsible for the accident? .....................................................................

(b)

If the driver of the Judicial Service vehicle, is any disciplinary action being taken against him/her? ........................................................................................................................................

………………………………….

Date ......................................

Signature of Accounting Officer

173

APPENDIX J.2 (Reference Regulation J.20(x))

CERTIFICATE OF DISCHARGE

I/We, (Name(s).................................................. ...................................................................................... ………………………………………………………………………………………………………. ………………………………………………………………………………………………………. .................................................................residing at..................................................... ……………….. ……………………………………………………………………………………………………….

DO HEREBY ACKNOWLEDGE having received from the Judicial Service of Kenya (through my/our ADVOCATES/INSURERS .................................................................................................................................................................... .................................................................................................................................................................... the sum of Shs. ................................................... ................................................................. which I/we accept in full and final settlement of all claims competent to me/us against the said Judicial Service arising out of the accident which took place on the ............................ day of ............ 20......, in which my/our motor vehicle, (Registration Number ............................) was involved. Dated at Nairobi this .................... day of .............. ┌───────────────┐ │

STAMP



└───────────────┘ Witnessed by: Name .................................................... Address .................................................. Occupation ..............................................

174

APPENDIX J.3 (Reference Regulation J.10(iii))

BAGGAGE ALLOWANCE

Job Group

Rate per Km (KShs.)

The Chief Justice Courier Services

Court of Appeal Judges High Court Judges Registrar

65

Chief Court Administrator/Chief Magistrate//Senior Principal Magistrate/Chief Principal 55 Magistrate, Principal Magistrate, Chief Kadhi Senior Resident Magistrate/Resident Magistrate, Kadhis 45 PLS 13 - 15

55

PLS 10 - 12

45

PLS 7 - 9

35

PLS 6 and below

30

175

SECTION K HOUSING

Introduction This Section deals with the rules governing the provision of Government quarters and related matters. The Judicial Service shall endeavour to pay its officers competitive housing benefits that will enable them to access suitable and secure living environment. It will also endeavour to provide mortgage scheme to its officers.

176

SECTION K HOUSING

Regulation Content

Page

K.1

House allowance ..............................................................................

178

K.2

House leased by the Judicial Service ..............................................

178

K.3

Maintenance of Government quarters ..............................................

179

K.4

Modifications to Government quarters ............................................

180

K.5

Occupation of Government quarters ................................................

180

K.6

Surcharge for wanton damage ..........................................................

180

K.7

Retention of Government quarters ...................................................

181

K.8

Vacation of Government quarters ....................................................

181

K.9

Utilities ..............................................................................................

182

177

LIST OF APPENDICES

Appendix

Subject

Page

K.1

House Allowance …………………………………………………….

183

178

SECTION K HOUSING House Allowance K.1.

(i)

All staff are eligible to automatic house allowance applicable to their grades as

shown in Appendix K.1 that may vary from time to time.

(ii)

An officer who has been allocated a Government owned quarter will be required to

pay the market rent for the house allocated as may be determined by the Ministry responsible for housing.

(iii)

Government housing will be restricted to officers whose housing will be considered

to be strategic in view of the nature of their work. These include houses for the disciplined services, institutional houses, State Houses, State Lodges and staff quarters, houses situated in water supply/treatment works, forests stations, historical sites and other houses which the Government has identified as strategic.

(iv)

Officers occupying institutional houses and whose services have been categorized as

essential to the respective institutions, will pay the market rents applicable to the quarters or surrender their house allowance whichever is lower.

Houses leased by the Judicial Service K.2.

The responsibility for the housing accommodation rented by the Judicial Service rests with

the Judicial Service Housing Allocation Committee to whom a written application shall be submitted.

179

Maintenance of Government quarters K.3

(i)

An officer who is allocated quarters, whether Government owned or rented, is

responsible for their maintenance in a thoroughly clean and satisfactory condition, together with all fittings, fixtures, premises and grounds generally. On occupation of a Government quarter, the officer will be required to sign a certificate to the effect that s/he is fully acquainted with the regulations governing the maintenance of such quarters and that s/he understands that s/he will be held liable to make good all damage and dilapidation due to his/her own negligence.

(ii)

An officer must abide by any local by-laws which apply to the area in which s/he

occupies accommodation.

(iii)

Guttering and drains shall be kept free from obstructions and fencing and gates

maintained in good order. In the event of repairs becoming necessary, the officer shall draw the attention of the Housing Committee who in turn shall inform the Ministry of Public Works of the damage preferably in writing.

(iv)

Immediately an occupier observes the presence of termites or wood borer in his/her

house or garden, s/he must inform the Public Works Officer who will in turn inform the Ministry of Public Works in writing, in order that steps for their eradication can be taken at once.

(v)

Foliage such as creepers must be kept off the roof. In the case of timber houses, no

wall creepers of any kind will be allowed. Occupiers are not permitted to plant trees within 10 metres of any building.

(vi)

The foregoing provisions shall apply to houses rented by the Judicial Service with

exception of paragraphs (iv) and (v) where the occupier must inform the Registrar who will take necessary steps.

180

Modifications to Government quarters K.4.

(i)

The occupant of a Government owned or rented quarters will not under any

circumstances make any structural or ornamental modifications to quarters, premises or grounds, including the cutting down of trees and shrubs, without the prior authority in writing of the Provincial Works Officer. Shall the Provincial Works Officer authorize any modifications at the request of the occupant, any expenses incurred in making such modifications will be borne solely by the occupant. Any fixtures added to the Government quarters, premises or grounds become the property of the Government and will not be removed by the occupant at any time.

(ii)

In the case of privately owned quarters rented by the Government or the Judicial

Service the occupant will be required to obtain the land-lord's written permission through the Judicial Service Housing Allocation Committee before any modifications are carried out to quarters, premises or grounds.

Occupation of Government quarters K.5.

Immediately after the occupation of institutional quarters or rented quarters the officer shall

notify the Registrar or Head of Station, of the date of occupation of the quarters.

Surcharge for wanton damage K.6.

(i)

If it is established that any property has been deliberately or wantonly maltreated, or

that the occupier has neglected to take reasonable care of the quarters or to maintain the grounds in a satisfactory state, s/he will be liable to be surcharged with the cost of putting the quarters and grounds into proper condition.

(ii)

An officer who considers that the condition of the quarters into which s/he moves is

unsatisfactory, shall report the matter to the Judicial Service Housing Allocation Committee. 181

(iii)

It will be the responsibility of the Judicial Service Housing Allocation Committee to

ensure that quarters rented by the Judicial Service are inspected in accordance with this regulation.

Retention of Government quarters K.7. Judicial Service quarters may be retained by an officer for as long as s/he remains on duty at the station to which s/he is posted. This includes any period of annual leave or sick/convalescent leave, provided that adequate arrangements are made for the quarters to be looked after shall it be necessary for the officer and his/her family to be absent from them.

Vacation of Government quarters K.8.

(i)

An officer leaving the service on retirement will retain his/her quarter until his/her

terminal dues are paid.

(ii)

On transfer from one station to another, an officer will be required to vacate his/her

Judicial Service quarters at the former station for reallocation by the Judicial Service Housing Allocation Committee. In exceptional circumstances, however, an officer may, with the prior approval of the said committee, be allowed to retain his/her quarters at the former station for occupation by his/her family for a short period, e.g. on grounds of children's education where consideration may be given to allowing the officer to retain the quarters until the end of the school term which commenced immediately prior to the date of transfer.

(iii)

An officer shall inform the Judicial Service Housing Allocation Committee /Head of

station of the proposed date of vacation of quarters and take any other action required in accordance with departmental instructions.

(iv)

An officer vacating Government quarters shall hand over the keys to the Judicial

Service Housing Allocation Committee /Head of station where the quarters are situated after having complied with the requirements laid down in this regulation. 182

Utilities K.9.

(i)

Judicial Officers living in Government owned or rented quarters are required to pay

the cost of utilities to the quarters direct to the authority by which it is supplied.

(ii)

In the case of Judges the cost of electricity, water and telephone shall be reimbursed

subject to the discretion of the Chief Justice's.

183

APPENDIX K.1 (Reference Regulation K.1) JUDICIAL SERVICE HOUSE ALLOWANCES

OFFICERS IN JOB GROUPS

House Allowance Per Month (KShs.)

J1 - Chief Justice

120,000.00

J2 - Court of Appeal Judge

100,000.00

J3 - High Court Judge

90,000.00

R7 - Registrar

80,000.00

Chief Court Administrator, Chief Magistrate, Senior Principal

60,000.00

Magistrate, Principal Magistrate Senior Resident Magistrate

35,000.00

Resident Magistrate

25,000.00

District Magistrate

25,000.00

Kadhi I

15,000.00

Kadhi II

8,000.00

PLS 15 -13

60,000.00

PLS 12

35,000.00

PLS 11 & 10

25,000.00

PLS 9

15,000.00

PLS 8

8,000.00

PLS 6 & 7

6,000.00

PLS 4-5

5,000.00

PLS 1-3

4,000.00

184

SECTION L MEDICAL BENEFITS

Introduction Medical benefits are intended to assist an officer and his family in maintaining good health. In this regard, the Judicial Service has secured a medical scheme and a Group Personal Accident cover for its staff.

185

SECTION L MEDICAL BENEFITS Regulation Content

Page

L.1

Medical Scheme ...............................................................................

187

L.2

Medical attention …………………………………………………

187

L.3

Medical Certificate Sick Sheet…………………………………….

187

L.4

Medical Boards ...................................................................................

187

L.5

National Hospital Insurance Fund (NHIF) Scheme ………………..

188

186

LIST OF APPENDICES Appendix

Subject

Page

L.1

Medical Certificate Sick Sheet………………………………………

189

L.2

Summary of the National Hospital Insurance Fund (NHIF) Scheme ..

193

187

SECTION L MEDICAL BENEFITS Medical Scheme L.1

Schemes benefits is contained in a booklet circulated every financial year.

Medical attention L.2.

(i)

On first appointment, an officer will be required to undergo a thorough medical

examination by a Government medical officer who will provide a report on Form JSC 3, a specimen of which is shown in Appendix D.3.

(ii)

No further medical examination will be required in respect of Kenya citizens. Non-

citizens who are employed on contract terms will, however, be medically examined on each occasion their contracts are renewed.

Medical Certificate (Sick Sheet) L.3.

A medical certificate signed by a Medical Practitioner or a private practitioner must be

submitted by an officer in every case of absence from duty on account of illness. The form to be used in all cases is shown in Appendix L.1.

Medical Boards L.4

(i)

When it is necessary to convene a Medical Board on an officer with a view to

determining his/her fitness for further service or otherwise, the Authorized Officer shall address the Director of Medical Services requesting the appointment of the Medical Board.

188

(ii)

The procedures to be followed regarding the retirement of an officer on grounds of

ill health are set out in the Judicial Service Commission Regulations.

National Hospital Insurance Fund (NHIF) Scheme L.5

The Scheme referred to in Regulation L.1 is net of NHIF refund as per graduated rates. The

summary of the NHIF is shown in Appendix L.2.

189

APPENDIX L.1 (Reference Regulation L.3)

JUDICIAL SERVICE ----------------------MEDICAL CERTIFICATE (SICK SHEET)

PART 1 To: Medical Officer in charge of ............................................................................................ Name: ..................................................................................................................................... Officer's date of appointment ................................................................................................. Date .............................................. Place ............................................................................. Officer in charge ............................................................ Designation ................................................................... Station ........................................................................... -----------------------------------------------------------------------------------------------------------------------PART II To: Officer in Charge ................................................................................................... Station I hereby certify that ............................. is suffering from .............................................. and is ......................................................................able/unable to follow his/her occupation. Admitted to hospital/Treated in quarters/To attend ................................ for treatment. (Strike out words inapplicable) Date ............................................................................... Place ................................................ …………………………….................... Medical officer in charge -------------------------------------------------------------------------------------------------------------------------

190

PART III

I hereby certify that .......................................................... has now sufficiently recovered to resume his/her occupation on .................................................... (specify date). Number of days off-duty ........ days from ........................................... to ............................................... ------------------------------------------------------------------------------------------------------------------------…………….....................................

Date .....................................................

Medical Officer in Charge

191

INSTRUCTIONS

This form must be used in all cases of Government officers falling ill when they are entitled to free medical attention.

A supply will be kept by all departments and by all officers in medical charge. In cases of emergency Part II will be completed prior to Part I; in such cases Part I will normally be completed within 24 hours.

For each new illness a fresh sheet will be issued. The sick sheet, when completed be filed by an officer's department.

The sheet will be signed twice each week by the officer in medical charge of the case and if so desired, by anyone detailed for that purpose by the department concerned, except when admitted to hospital.

In the case of absence from duty on account of illness, Part II of this form must be completed by an officer in medical charge who is duly authorised to grant sick leave and who shall print his name legibly below his signature.

192

Record of attendances and visits ------------------------------------------------------------------------------------------------------------------------Date

Remarks

Signature of Medical Officer

-------------------------------------------------------------------------------------------------------------------------

_______________________________________________________________________________ To be signed at least twice a week by Officer in Medical Charge

193

APPENDIX L.2 (Reference Regulation L.5)

SUMMARY OF THE NATIONAL HOSPITAL INSURANCE FUND (NHIF) SCHEME

(a)

Introduction The National Hospital Insurance Fund (NHIF) contributions were revised vide Legal Notice

No. 171 of 12th April, 1990 from Ksh3,220 per person to a graduated scale of contributions based on income ranging from a minimum of Ksh.30 per month to Ksh.320 per month effective from 1st July, 1990. BASIC SALARY (KSHS)

RATES (KSHS)

FROM - TO 1,000 - 1,499

30

1,500 - 1,999

40

2,000 - 2,999

60

3,000 - 3,999

80

4,000 - 4,999

100

5,000 - 5,999

120

6,000 - 6,999

140

7,000 - 7,999

160

8,000 - 8,999

180

9,000 - 9,999

200

10,000 - 10,999

220

11,000 - 11,999

240

12,000 - 12,999

260

13,000 - 13,999

280

14,000 - 14,999

300

15,000 and above

320

Voluntary contribution

60 194

(b)

Membership

There is no upper age limit for membership but both males and females, who are in receipt of a total income from all sources of at least one thousand shillings a month are required to contribute to the scheme compulsorily. However, a married woman, whose income is deemed to be the income of her husband under the Income Tax (Management) Act, is not liable to contribute.

(c)

Registration

The obligation of registering a person in paid employment who is in receipt of not less than one thousand shillings a month in respect of that employment is placed on the employer. This is accomplished by obtaining a contribution card from the Fund authorities by submission of Form N.H.I.F. 2. The form has to be completed in every details (including spouses ID/Card number) otherwise it will be rejected. Contribution cards are held by the Human Resource Section and shall be applied for when required, and returned to the section, for safe keeping when not in use.

(d)

Contribution

A contribution based on a graduated scale of income as shown under (a) above is deducted from the employee's salary and remitted to the Fund on the first day of each month. A penalty is chargeable when contributions are not paid by the due date. Shall the income of a contributor in a particular month fall below shillings one thousand, the employer is required to endorse the succeeding month's "cage" on the contribution card accordingly.

(e)

Benefits

Benefits consist of daily allowances at rates fixed from time to time, depending upon the hospital at which treatment is obtained, towards the cost of hospital treatment received by the contributor, (one named wife or husband) and any of his/her children under the age of 18 years. Total benefits in any financial year in respect of a contributor, his named wife and children under 18 195

years of age cannot normally exceed 180 days. For this purpose, all days of the contributor, his wife and children are added together. Claims may be made for expenses necessarily incurred, for services rendered by a registered or enrolled midwife or registered medical practitioner in connection with a confinement of a named wife than in an approved hospital. The maximum payable is Kshs.450.

(f)

How to claim benefits

Whenever a contributor, his named wife or children under 18 years of age are admitted to an approved hospital for treatment, the contributor will be required by the hospital to complete a claim form on which certain identification and Hospital Fund membership particulars have to be entered.

The contributor will also have to produce to the hospital authorities his contribution card together with a "Certificate of Contributions Paid" issued by the Judicial Service. On production of these documents the hospital authorities will allow a rebate of the amount of benefit payable from the Fund.

Where the documents mentioned in the preceding paragraph are not available before the patient is discharged from the hospital, and the hospital account is settled in full by the patient, a claim for refund may be lodged by the contributor from the Fund authorities.

Shall there be any endorsement on the contributor's card to the effect that he was not liable to contribute for a particular month or months the contributor would be required to affix N.H.I.F. stamps for the month or months in question, to be eligible to claim benefits.

(g)

General

These notes are intended as a broad summary of the Scheme and must not be construed as an interpretation of the provisions of the National Hospital Insurance Fund Act (Cap.255) and Regulations made there under to which officers shall acquaint themselves for specific information. 196

SECTION M LEAVE Introduction

Leave is granted for recuperative purposes to enable an officer to renew his/her energies and improve his/her efficiency. Leave is therefore, not normally commuted for cash nor is leave salary payable to dependants or to the estate in the event of an officer’s death.

Leave is granted subject to the exigencies of the service by the Chief Justice/Registrar/Head of Station/Section

197

SECTION M LEAVE Regulation Content

Page

M.1

Definition of leave ......................................................................................

199

M.2

Application for leave (other than sick/convalescent leave).......................

199

M.3

Annual leave ...............................................................................................

199

M.4

Annual leave for officers stationed in hardship areas ...............................

200

M.5

Leave for hourly paid staff .........................................................................

201

M.6

Sick leave ....................................................................................................

201

M.7

Convalescent leave ......................................................................................

201

M.8

Rates of sick/convalescent leave .................................................................

202

M.9

Sick/convalescent leave caused by officer's own neglect or misconduct …………………………………………………………….....

203

M.10

Leave for special purposes ............................................................................

203

M.11

Maternity leave ..............................................................................................

203

M.12

Paternity leave ……………………………………………………………

204

M.13

Special leave for sportsmen/women ..............................................................

204

M.14

Public holidays ...............................................................................................

204

M.15

Festival holidays ............................................................................................

205

M.16

Terminal leave ...............................................................................................

205

M.17

Unpaid leave .................................................................................................

206

M.18

Compassionate leave …………………………………………………….

206

M.19

Study leave ………………………………………………………………

206

198

LIST OF APPENDICES Appendix

Subject

M.1

Application for leave by Judges, the Registrar and the

M.2

Page

Chief Court Administrator ......................................................................

208

Application for leave by other officers other than Judges ……………..

210

199

SECTION M LEAVE Definition of leave M.1

Leave means authorised absence from duty. Leave may only be taken when authorised by

the Accounting Officer/Head of station/section or any other staff authorised by him or her and subject to the exigencies of the service. Unauthorised absence from duty shall be charged to annual leave and no salary or allowances shall be paid for such period of absence. Such unauthorised absence from duty shall be considered as misconduct within the meaning of these Regulations.

Application for leave (other than sick/convalescent leave) M.2.

(i)

Applications for leave shall be submitted on the appropriate form as shown in

Appendix M.1 and M.2 to the appropriate authority.

(ii)

Judges, the Registrar, the Chief Court Administrator and Magistrates in charge of

Stations, Kadhis, PLS 12 and above shall submit their own application for leave, on the appropriate form, as shown in Appendix M.1, to the Chief Justice.

Annual leave M.3.

(i)

An officer will be eligible for annual leave at the commencement of a "leave year"

except in the case of a newly appointed officer who will be required to complete a minimum of three months before being granted annual leave. For this purpose, “leave year” will commence on 1st January and end on 31st December.

(ii)

Annual leave excludes Saturdays, Sundays and Public Holidays and will be granted

at the following rates:200

(iii)

(a)

All Officers including Judges under 55 years of age ............. 30 days

(b)

Judges over 55 years of age ..................................................... 42 days.

Annual leave for a newly appointed officer will be calculated on a prorata basis only

for the year of his/her appointment.

(iv)

Annual leave is usually not accumulable. However, an officer may, if s/he so

wishes, carry forward from one leave year to another not more than one-half of his/her annual leave entitlement. This arrangement is intended to enable an officer to reserve a portion of his/her annual leave to be taken in an emergency.

(v)

Subject to paragraph (iii) above, annual leave must be taken within the leave year it

falls due or forfeited. Deferment of annual leave from one leave year to another will not be permitted save in very exceptional circumstances with the prior approval of the Chief Justice or Registrar as the case may be.

(vi)

An officer may avail him/herself of his/her annual leave at any time during the

"leave year" but s/he will not be eligible for such annual leave if s/he is not returning for further service for a minimum period of three months. This condition will not, however, apply to an officer whose appointment is determined by the Judicial Service Commission within three months of his/her return from annual leave, or to an officer who resigns his/her appointment at the end of a calendar year after having availed him/herself of his/her annual leave or officer proceeding on retirement.

Annual leave for officers stationed in hardship areas M.4

An officer who takes not less than 10 days annual leave once every period of six months,

will be granted, in addition to his/her leave, travelling time of three days each way and normal travelling privileges in terms of Regulation I.11.

201

Leave for hourly paid staff M.5.

(i)

This leave is granted to casual employees serving on hourly basis who are paid

wages at the end of each day.

(ii)

An hourly paid employee will be eligible for ten days annual leave, exclusive of

Saturdays, Sundays and Public Holidays, during each calendar year of continuous service provided s/he has completed not less than six months service.

(iii)

This leave shall be taken during the calendar year it falls due or forfeited. A period

of six months must elapse after the completion of ten days leave before any further leave can be granted.

Sick leave M.6.

(i)

Sick leave is defined as the approved absence of an officer from duty on account of

(ii)

Sick leave is granted on medical recommendation when an officer is absent from

illness.

duty on account of illness.

(iii)

A medical certificate as provided for in Regulation J.3 must be produced in every

case of absence on account of illness.

Convalescent leave M.7.

(i)

Convalescent leave means a period of absence from duty granted on the

recommendation of a Medical Practitioner for recuperative purposes immediately following an illness.

202

(ii)

Convalescent leave is granted for recuperative purposes immediately following an

(iii)

Convalescent leave in excess of six weeks will require confirmation of the Medical

illness.

Consultant from the selected hospitals.

Rates of Sick/Convalescent leave M.8.

(i)

An officer may be granted sick/convalescent leave in a "leave year", (i.e. from 1st

of January to 31st of December) subject to the maximum period indicated below, provided it is certified that there is a reasonable prospect of eventual recovery and fitness for duty:

(a)

Officers serving on permanent and pensionable or contract terms of service and members of the subordinate staff up to three months on full pay followed by three months on half pay in a leave year.

(b)

Officers on temporary terms up to one month on full pay followed by one month on half pay in a leave year. Thereafter no pay.

(ii)

Sick leave may be authorized by a Medical Practitioner.

(iii)

Sick leave in excess of three months will require confirmation of the Director of

Medical Services who will decide if the officer shall be examined by a Medical Board with a view to determining whether or not there is a reasonable prospect of his/her eventual recovery and fitness for duty.

(iv)

In exceptional cases of continued ill-health, the Chief Justice may, on the

recommendation of the Director of Medical Services; grant an extension of sick leave beyond the maximum period indicated in paragraph (i) above, with such salary as may be decided.

203

Sick/Convalescent leave caused by officer’s own neglect or misconduct M.9

In the case of sick leave and/or convalescent leave rendered necessary by an officer’s own

neglect or misconduct, his/her full salary may be forfeited for the whole period of absence from duty.

Leave for special purposes M.10. (i)

This leave is granted with pay on specific occasions, e.g. on religious festivities or in

any unusual circumstances.

(ii)

Unless otherwise specifically stated in these Regulations, special leave with pay may

be granted in exceptional circumstances with the prior approval of the Chief Justice or Registrar as the case maybe.

Maternity leave M.11. (i)

A female officer who is required to be absent from duty on account of confinement

will be granted maternity leave with full salary for a maximum period of sixty working days which is exclusive of the annual leave due for the year.

(ii)

Application shall be submitted at least one month before the expected date of

confinement and shall be supported by a medical certificate indicating the date on which maternity leave shall commence.

(iii)

Should it be necessary to extend maternity leave beyond the prescribed period of

sixty working days, such extension will be regarded as unpaid leave granted in accordance with Regulation M.17.

204

Paternity leave M.12

An officer will be eligible for paternity leave for five (5) days during the period of the

spouse’s maternity leave.

Special Leave for sportsmen/women M.13 (i)

An officer who is selected to represent Kenya in national, regional or international

fixtures will be granted special leave with full salary for the necessary period of his/her training and subsequent participation in the sports.

(ii)

This special leave will not be counted against annual leave entitlement and will be

authorized by the relevant authority.

Public holidays M.14 (i)

The following days shall be observed as public holidays in accordance with the

Public Holidays Act (Cap.110):New Year's Day..............................

1st January

Good Friday.................................... Easter Monday................................ Labour Day......................................

1st May

Madaraka Day..................................

1st June

Idd-ul-Fitr.......................................... Moi Day............................................

10th October

Kenyatta Day....................................

20th October

Independence Day...........................

12th December

Idd-ul-Adhaa ……………………… Christmas Day....................................

25th December

Boxing Day..........................................

26th December. 205

(ii)

The public holiday for Idd-ul-Fitr and Idd-ul-Adhaa will be observed on the 31st day

from the date of commencement of Ramadhan which will be announced by the Chief Kadhi every year.

(iii)

In addition to the above public holidays, the following will be observed as public

holidays by officers as indicated:-

(a)

Diwali

- Officers belonging to the Hindu faith.

(b)

Any other day proclaimed by the Government of Kenya

Festival holidays M.15. (i)

Leave of absence on the occasion of religious festivals may be granted without loss

of pay for not more than two days in a leave year, subject to the exigencies of the service. An application for leave on such an occasion shall be addressed to the relevant authority well in advance of the date on which any particular religious festival is celebrated.

(ii)

The relevant authority may, at his/her discretion and subject to the exigencies of the

service also allow members of his/her staff an hour or so off-duty for the purpose of attending religious services or festivals other than those on which a full holiday has been granted.

Terminal Leave M.16. (i)

An officer who has not availed him/herself of the annual leave due for the year in

which his/her employment ceases will be entitled to terminal leave in accordance with Section 28 (b) of the Employment Act.

(ii)

In addition to the leave granted under paragraph (i) of this Regulation, an officer

may be granted the annual leave carried forward from the previous leave year in accordance with Regulation M.3 (v). 206

Unpaid leave M.17 (i)

This leave is granted in certain circumstances for the purpose of retaining continuity

of service.

(ii)

Unpaid leave may be granted to an officer with the prior approval of the Judicial

Service Commission, on the following grounds:-

(a)

Urgent private affairs of exceptional hardship not exceeding thirty (30) days;

(b)

Officers whose spouses are posted to foreign missions during the term of the tour;

(c)

The secondment for purposes of transfer of service for a period not exceeding three (3) years;

(d)

Officers who are appointed to international organizations where they cannot transfer their services or be on secondment for a period not exceeding three (3) years.

(ii)

Unpaid leave granted in accordance with this regulation will not be increment-

earning and where necessary incremental date shall be adjusted in accordance with Regulation F.8.

(v)

Unless it is specifically stated to the contrary, unpaid leave will be treated for pension purposes as leave granted not on grounds of public policy and the period involved will accordingly not be pension-earning.

Compassionate leave M.18 An officer who has exhausted his/her annual leave entitlement may be granted compassionate leave for up to five (5) working days in a calendar year on compassionate grounds.

207

Study leave M.19 (i)

Where an employee wishes to pursue further studies relevant to his/her duties, the

employee may be granted study leave not exceeding a period of two years. Such leave will be subject to exigencies of service and will be granted at the discretion of the Accounting Officer. However, the employee will forfeit all eligibility to salary and all benefits to self and family.

(ii)

Study leave granted under (i) above shall not be charged against the staff member’s

accrued leave.

(iii)

An application for such leave must be supported by proper documents and the

subject of study shall be directly related to the staff member’s duties and will enhance; improve or add value to the service provided to the community by that staff member.

(iv)

Study leave shall only be granted to officers confirmed in appointment.

208

APPENDIX M.1 (Reference Regulation M.3)

JUDICIAL SERVICE APPLICATION FOR LEAVE BY JUDGES/REGISTRAR, HIGH COURT AND CHIEF COURT ADMINISTRATOR

Ref. PJ. No. ............................. ……………………………… ……………………………… ……………………………… Date ......................................... The Hon. the Chief Justice, P. O. BOX 30041 NAIROBI

My Lord,

I wish to proceed on ...... days annual leave as from ............. which include ............ days' annual leave in respect of last calendar year. I returned from my last leave on .................

2.

I propose to spend the leave at the following address:-

........................................................................................................................

Yours faithfully,

Signed ...................... JUDGE/REGISTRAR, HIGH COURT/CHIEF COURT ADMINISTRATOR 209

-----------------------------------------------------------------Ref. .................

........................ P. O. Box .............. NAIROBI.

Your application to proceed on ....... day's leave is/is not* approved.

Signed: ................ CHIEF JUSTICE

Nairobi .................. Date

* Delete whichever applicable

210

APPENDIX M.2 (Reference Regulation M.3)

(To be completed in triplicate) JUDICIAL SERVICE .......................................... .......................................... ...........................................

Date ................................. .......................................................... P. O. Box ......................................... NAIROBI. Thro' ............................................ ............................................ ............................................

APPLICATION FOR LEAVE

(To be submitted at least 30 days before the leave is due to begin) 1.

......................................................... (Name) ................................................................ ....................... (Designation) apply for ...... days leave beginning on ................... The last leave taken by me was from ....................................... to .......................................

2.

My leave address will be: ............................................................ ............................................................ ............................................................ 211

3.

During the period of leave my salary shall:

*(a)

continue to be paid into my bank account;

*(b)

be paid at the following address: …………………………………………. …………………………………………. ………………………………………….

*(c)

be included in the payroll of ................. (station) * Delete (a), (b) or (c) as applicable.

4.

As I am taking not less than one-half of my annual leave due to me, I wish to receive my pay for the month of ........... …………….three days before the date of commencement of leave in terms of Regulation H. 5 of the Judicial Service Staff Regulations (optional).

5.

I understand that I will require permission should I desire to spend leave outside Kenya.

Date ........................

......................................... Signature PART II (To be completed by Head of Department)

7.

*(a)

Recommended. Arrangements can be made for the performance of the duties of the above officer during his/her absence.

*(b)

Not recommended. For the following reasons:

..................................................................................... ..................................................................................... _________________________________________________________________ *Delete (a) or (b) as applicable Station ........................... Signed ....................... Date .............................. Designation .................. 212

SECTION N TRAINING AND EXAMINATIONS Introduction The human resource, being the most important resource, needs to be nurtured and continuously developed. Consequently, investment in training and development is essential for improving the performance of the workforce and enhancing services provided by the Judicial Service. Training and development is also essential in attracting, motivating and retaining a knowledgeable and skilled workforce. An effective Training and Development policy provides for the development and implementation of programs leading to optimal utilization of human resources and improved service delivery.

Staff members shall be encouraged to broaden their professional knowledge, sharpen their skills, and deepen their experiences by acquainting themselves with the latest and advanced methods techniques and practices.

The Judiciary staff shall be expected to undertake set hours of continuous education as required by their professional bodies.

213

SECTION N TRAINING AND EXAMINATIONS Regulation Content

Page

Part One: Training N.1

Judicial Training Committee….. ………………………………….……

214

N.2

Conditions applicable to serving officers attending courses in Kenya ….

216

N.3

Officers’ salary and progression (local courses) ………………………

216

N.4

Travelling privileges …………………………………………………….

216

N.5

Study leave ………………………………………………………………

216

N.6

Expenditure which is an officer’s own responsibility…………………….

217

N.7

Expenditure which will be met by the Judicial Service…………………..

217

N.8

Conditions applicable to serving officers attending courses outside Kenya……………………………………………………………………

218

N.9

Officer’s salary and progression (foreign-based courses)……………….

218

N.10

Leave……………………………………………………………………

218

N.11

Expenditure which will be met by the Judicial Service …………………

219

N.12

Courses financed under Technical Assistance Arrangement ……………

220

N.13

Allowances ……………………………………………………………..

220

N.14

Bonding …………………………………………………………………

220

N.15

Short courses, seminars and conferences ………………………………..

220

N.16

Self -sponsored courses …………………………………………………

220

Part Two: Examinations N.17

The Proficiency Examination for Clerical Officers ………………………

221

N.18

Occupational Tests for Telephone Operators and Drivers ………………..

221

N.19

Examination fees …………………………………………………………

222

N.20

Examination grants and bonus ……………………………………………

222

214

SECTION N TRAINING AND EXAMINATIONS

Part One: Training Judicial Training Committee N.1.

(i)

The Judicial Training Committee shall be composed of the following members:-

Chairman - Court of Appeal Judge Members - High Court Judge Chief Court Administrator Chief Magistrate Chair, Kenya Magistrates and Judges Association Head of Human Resource Management Department Head of Accounts Department Head of Central Planning Unit Secretary -

(ii)

Head of Human Resource Development Section

The functions of the Judicial Training Committee will include:-

a)

Consideration and approval of training objectives and staff development strategies;

b)

Consideration of training forecasts and analysis of training needs as well as setting up a hierarchy of priorities within the overall training projections;

215

c)

Assessment of available scholarship awards and optimum utilization of local training resources, and the identification and selection of suitable candidates for various training programmes organized locally and abroad;

d)

Evaluation of the Judicial Service in-service and pre-service training scheme;

e)

Benchmarking of training programmes to other Government Ministries/Departments and other jurisdictions;

f)

Making recommendations relating to course syllabuses and forwarding such recommendations to the Chief Justice;

g)

Assessment of the effectiveness of training programmes; and

h)

Promoting the attainment of skills and techniques necessary for the realization of the objectives of the Judiciary.

(iii)

All training activities must be initiated through the Judicial Training Committee.

Save in exceptional circumstances officers who make their own private arrangements for training will not be sponsored nor granted unpaid leave of absence to attend such courses. Cases which merit relaxation of the general principle may be submitted to the Judicial Training Committee for consideration.

(iv)

An officer undertaking a course of training shall not be transferred for a maximum

period of two (2) years within which period s/he is expected to have completed.

(v)

The Judicial Service will grant course approval to officers proceeding on authorized

training in accordance with these Regulations. An officer on an approved training will be deemed to be on duty, entitled to the requisite benefits and subject to these Regulations.

216

Conditions applicable to serving officers attending courses in Kenya N.2

The conditions applicable to serving officers attending courses of training in Kenya with the

approval of the Judicial Service are set out in Regulations N.3 – N.7 below. These conditions do not apply to local pre-service training courses at other Government departmental training institutions, or to short seminars or conferences of up to four weeks' duration. An officer attending a short seminar or conference will be regarded as travelling on duty and will receive appropriate allowances.

Officers’ salary and progression (local courses) N.3

(i)

An officer will continue to draw his/her substantive salary for the duration of the

course. Any deductions due will continue to be made in the normal way.

(ii)

Provided that his/her work and conduct are satisfactory, an officer will be eligible to

receive annual increments in accordance with normal procedure.

(iii)

During the course, an officer remains eligible to be considered for promotion.

Travelling privileges N.4

An officer travelling to join a course of training will be deemed to be travelling on duty and

will be granted travelling privileges in accordance with the regulations in force.

Study leave N.5

(i)

Attendance at a course which has no provision for vacations will count as being on

duty for the purpose of an officer's eligibility for leave.

217

(ii)

An officer following a full-time course of study at an academic institution such as a

university will normally be granted the students' vacation, but may be required to resume duty during vacation always provided that s/he enjoys a minimum of one month's vacation in a year. Such an officer will not be eligible for any additional leave in respect of the period of the course.

Expenditure which is an officer's own responsibility N.6

An officer will be responsible for meeting the following expenditure in connection with a

course:-

(a)

A contribution to the cost of his/her training at the rate of 20% of his/her basic salary. This contribution will also not apply during vacations;

(b)

All other personal commitments including subscriptions (voluntary or compulsory), laundry, recreation, entertainment, etc.

Expenditure which will be met by the Judicial Service N.7

In addition to the payment of salary and allowances under Regulations N.3 and N.4, the

Judicial Service will meet the following expenditure for officers it has sponsored:-

(a)

Fees for approved courses and related examination fees;

(b)

The cost of transport and travelling to and from the institution at which the course is held;

(c)

An officer who wishes to relocate his/her family while undertaking a course may be granted, prior to his/her departure on course, free transport, in accordance with Section J, for his/her spouse and children, (where applicable) and luggage (up to transfer limits) to their preferred destination 218

within Kenya. Free transport to his/her duty station, on similar basis, may be granted on the officer’s return at the end of the course; and

(d)

The purchase of books, stationery and any instruments or apparatus required for the course;

Conditions applicable to serving officers attending courses outside Kenya N.8

The conditions applicable to serving officers attending courses of training outside Kenya

with the approval of the Judicial Service are set out in Regulations N.9 - N.11 below and study leave as per Regulation M.19. These conditions do not apply to officers attending short seminars or conferences of up to four weeks' duration who will be regarded as travelling on duty and will receive appropriate allowances.

Officer's salary and progression (foreign-based courses) N.9

(i)

An officer's full basic salary will continue to be paid throughout the period of his/her

study leave, and any deductions will continue to be made in the usual way.

(ii)

In addition to the normal salary deductions, 20% of the officer’s basic salary will be

deducted as a contribution towards the cost of the officer’s training.

(iii) Provided that his/her work and conduct are satisfactory, an officer will continue to be eligible for annual increments in the normal manner.

Leave N.10

An officer will be eligible for his/her normal annual leave due only for the year s/he returns

to Kenya.

219

Expenditure which will be met by the Judicial Service N.11

In addition to the payment of salary under Regulations N.9 above, the following items of

expenditure will be met by the Judicial Service:-

(a)

Pre-departure medical examination, visa, vaccination and inoculation fees;

(b)

All course fees (other than residence fees or other charges for board and lodging)

including

registration,

admission,

tuition,

examination,

project/dissertation/thesis, laboratory and similar fees;

(c)

All transport and travelling necessary in connection with an officer's training (other than daily commuting between lodgings and an officer's normal place or places of study).

(d)

Local transport and travelling to and from the airport of departure and arrival in Kenya.

(e)

Passage to and from the country in which the course is held;

(f)

Reimbursement of the cost of transport of heavy by sea not exceeding shipping ton or the actual cost of air freight on extra baggage (in addition to the free allowance on the air ticket) up to a maximum of Shs.50,000 to and from the country in which the course is held; and

(g)

Any period not covered by medical scheme, Judiciary shall make the necessary arrangement before departure.

220

Courses financed under Technical Assistance Arrangement N.12

All the conditions stipulated in N.9 – N.11 above will also apply to serving officers

undertaking courses under this arrangement.

Allowances N.13

Maintenance allowance from Judicial Service funds will not normally be paid since an

officer’s subsistence is generally provided for by the scholarship award. However, an officer travelling outside the country on a short course of up to four (4) weeks and partially funded under bilateral agreement, will be entitled to 25% of the subsistence allowance applicable to the designated country.

Bonding N.14

Every serving officer who attends a training lasting more than six (6) months will be

required to enter into a formal agreement binding him/her to serve in the Judicial Service for a period specified in Judicial Service Training Policy.

Short courses, seminars and conferences N.15

Officers attending short courses, seminars, conferences of up to four (4) weeks duration

locally or abroad will be regarded to be travelling on duty and will receive allowances applicable in accordance to this Regulation and Government circulars as may be communicated from time to time.

Self -sponsored courses N.16

(i)

Officers undertaking part-time or full-time self sponsored courses will be

exempted from paying 20% training levy. Such officers will be granted study leave and will be 221

eligible for full salary and benefits as long as the course is approved, relevant and is undertaken in a recognized institution.

(ii)

In cases where an officer had proceeded on a self-sponsored course approved by

the Judicial Service Training Committee and in the course of training secures Judicial Service funding, the remittance of 20% training levy by the officer to Government will apply only for that duration of the sponsorship. However, sponsorship will not cover any outstanding fees prior to the scholarship.

Part Two: Examinations The Proficiency Examination for clerical officers N.17

(i)

The Proficiency Examination for clerical officers will be held annually and

administered by the Public Service Commission of Kenya. The officers will be required to pass the examination before being promoted to the next grade.

(ii)

The pass mark in each paper will be determined by the Public Service Commission

of Kenya.

(iii)

The Examination is open to all Clerical Officers who satisfy the entry requirements

for the examination as stipulated in the relevant Schemes of Service.

(iv)

The Public Service Commission of Kenya will issue certificates to successful

candidates.

Occupational Tests for Telephone Operators and Drivers N.18

(i)

Occupational Tests for Telephone Operators will be administered by the Public

Service Commission of Kenya while those for drivers will be by the Ministry of Roads and Public 222

works. The officers will be required to pass the tests at various levels before being promoted to the next grade as stipulated in their Schemes of Service.

(ii)

The pass mark for each subject will be determined by the Public Service

Commission of Kenya and Ministry of Roads and Public Works.

Examination fees N.19

Those candidates who pass their professional examinations will be refunded the prescribed

examination fee by the Accounting Officers.

Examination grants and bonus N.20

An officer who on his/her own initiative and at his/her own time, undertakes and passes a

professional course which is administered by a recognized institution will be eligible for refund of tuition expenses and examination fees of 50% provided that the course is:-

(a)

Relevant to their Scheme of Service;

(b)

Approved by the Authorized Officer; and

(c)

The officer has not been sponsored for the same course before.

In addition, the officer may be eligible for payment of an examination bonus in accordance with the existing Regulations. However, officers undertaking a first degree course will not benefit from this provision.

223

SECTION O CEREMONIAL: UNIFORMS: DRESS CODE Introduction This section relates to matters of ceremony e.g. the Order of Precedence, Flying of the Presidential Standard, Flying of the National flag, etc. It also contains general information about uniforms and dress code.

All members of staff are required to be decently dressed and well groomed while on duty and to maintain an appropriate standard of dress and personal hygiene while on duty.

224

SECTION O CEREMONIAL: UNIFORMS: DRESS CODE

Regulation Content

Page

O.1

Flying of the Presidential Standard …………………………………..

226

O.2

Flying of the National Flags ...................................................................

226

O.3

Court dress …………………………………………………………....

227

O.4

Court dress for Judges …………………………………………………

228

O.5

Court dress for Magistrates ……………………………………………

228

O.6

Court dress for Advocates …………………………………………….

228

O.7

Court dress for Court Clerks …………………………………………..

228

O.8

Uniforms for certain officers in the Judicial Service .................................

229

O.9

Robe allowance…………………………………………………………

229

O.10

Uniform allowance ....................................................................................

229

O.11

Identification badge ……………………………………………………

229

0.12

Judges’ vehicle plate …………………………………………………..

229

225

LIST OF APPENDICES

Appendix

Subject

Page

O.1

Robe allowance ………………………………………………………..

230

O.2

Uniform allowance …………………………………………………….

231

226

SECTION O CEREMONIAL: UNIFORMS: DRESS CODE Flying of the Presidential Standard O.1

(i)

The Presidential Standard, which is the personal flag of the President, will only be

flown to denote the actual presence of the President and supersedes all other flags. It shall be flown from a masthead at least 30 centimetres (1 foot) higher than subordinate emblems.

(ii)

The flag will be flown day and night, where applicable, and is never to be lowered

even on occasions of mourning. At the President’s personal residence, the flag will be flown continuously and will not be lowered during the President’s incidental absence.

(iii)

At other places, the flag will be hoisted on arrival of the President and will be

lowered on his/her departure. This will be done irrespective of the time, day or night.

(iv)

The Presidential Standard will be flown on any building in which the President is

present or on any ship s/he travels. It will be flown in miniature in the form of a pennant on any vehicle, vessel or air craft in which the President is travelling.

Flying of the National Flag O.2

(i)

The national flag will be flown from 6.00 a.m. until 6.00 p.m. at all Court Buildings,

at Parliament building on days when Parliament is sitting (in session), at Provincial, District, Divisional and Locational Headquarters, at Prisons, at Ports of entry and other places as approved by the Office of the President. It will be flown on other Government Buildings (including schools) on Madaraka Day, Kenyatta Day and Jamhuri Day and on other special occasions as may be notified from time to time by the Office of the President. It will be flown at all Provincial and Divisional Police Headquarters and at all Police Stations and Posts (other than Patrol Bases) in 227

accordance with Police Standing Orders. The National Flag will be flown in all stations where the Armed Forces are quartered from a site within the lines to be selected by the Officer Commanding. It will also be flown at all National Youth Service Units and sub-units in accordance with Service Standing Orders.

(ii)

Flags flown must at all times be of good condition.

(iii)

Indents for the national flag shall be made from the Officer-in-Charge,

Supplies Branch, Ministry of Public Works, Nairobi.

(iv)

Ministers of the Government, the Chief Justice, the Speaker of the National

Assembly and the Provincial Commissioners may fly the National Flag in miniature form on the vehicle in which they are personally travelling on duty.

Court dress O.3

(i)

Court dress is worn at hearings in open court in all courts. However, court dress

may be dispensed with at the discretion of the judicial officer, where it may intimidate children e.g. in the Family Division of the High Court or the Children Court.

(ii)

Court dress is not worn at hearings in Chambers.

(a)

The Judicial Service shall provide a court dress and an annual allowance for maintenance.

Court dress for Judges O.4

(i)

The Judges, both of the Court of Appeal and the High Court wear the same scarlet

and black robes with a short bench wig. The scarlet robes are for criminal trials and appeals and must be worn with a black scarf and girdle (waist band). 228

(ii)

The black robes are worn with a court coat or bar jacket. Both scarlet and black

robes must be worn with wing collars and bands. The long wig, casting hood or tippet, white gloves and lace jabots are reserved for ceremonial occasions.

Court dress for Magistrates O.5

Magistrates of all cadres wear plain black robes with zipped front over normal attire. They

do not wear wigs, collars or bands.

Court dress for Advocates O.6

In the Court of Appeal and the High Court, advocates appearing before Judges who are

robed in open court must wear an open fronted black gown with open sleeves and a gathered yoke, over a black or dark suit and a white wing collar shirt with bands as well as wigs. Advocates appearing in Magistrate’s courts need not robe.

Court dress for Court Clerks O.7

Clerks assisting in the open court, in the Court of Appeal and High Court shall wear an open

black robe emblazoned at the back “Judiciary”.

Uniforms for certain officers in the Judicial Service O.8

(i)

The Chief Court Administrator will determine the mode and pattern of uniforms and

clothing suitable for specific cadres of officers having regard to the nature of their duties and the cost involved.

(ii)

Drivers, office messengers and ushers of Judges throughout the Judicial Service

shall wear uniforms all the time while on duty and will be required to maintain them in a clean and 229

decent condition. Disciplinary action will be taken against any officer who fails to observe these Regulations.

Robe allowance O.9

All Judicial Officers (except Kadhis) shall be entitled to a Robe allowance paid annually as

shown in Appendix O.1.

Uniform allowance O.10

Officers required to wear uniforms will normally be given a free issue of the appropriate

uniform on first appointment or promotion. Thereafter, an allowance will be paid to officers annually for the maintenance of their uniforms. Uniforms shall be replaced by the Judicial Service when that becomes necessary. The current rates of uniform allowance payable are indicated in Appendix O.2 of this Section.

Identification badge O.11

All judicial staff shall wear a badge when on duty to identify them as employees on Judicial

Service.

Judges’ vehicle plate

O.12

(i)

Judges’ vehicle plate shall only be displayed when the Judge is travelling in his/her

official vehicle.

(ii)

On exit from the Judicial Service, the plate shall be surrendered to the Registrar.

(iii)

Any other use of the plate must be sanctioned by the Chief Justice. 230

APPENDIX O.1 (Reference Regulation 0.9)

ROBE ALLOWANCE

-------------------------------------------------------------------------------------------------------------------Cadres of Officers

Rate Kshs.

---------------------------------------------------------------------------------------------------------------------

(a)

Judges ………………………………………………………..

10,000.00 p.a.

(b)

Magistrates …………………………………………………..

5,000.00 p.a.

231

APPENDIX O.2 (Reference Regulation 0.10)

UNIFORM ALLOWANCE

-------------------------------------------------------------------------------------------------------------------Cadres of officers

Rate Kshs.

---------------------------------------------------------------------------------------------------------------------

(a)

Ushers, Court Bailiffs/Process Servers .....................................

3,500.00 p.a.

(b)

Drivers ........................................................................................

3,500.00 p.a.

(c)

Artisans ………………………………………………………

3,500.00 p.a.

(d)

Messengers…………………………………………………….

3,500.00 p.a.

232

SECTION P WORKING CONDITIONS: COMPENSATION: EXIT FROM JUDICIAL SERVICE AND TERMINAL BENEFITS

Introduction This Section contains a variety of subjects which include working conditions, compensations, forms of exit from judicial service and terminal benefits.

233

SECTION P WORKING CONDITIONS: COMPENSATION: EXIT FROM JUDICIAL SERVICE AND TERMINAL BENEFITS

Regulation Content

Page

Part One: Working Conditions P.1.

Fire precautions......................................................................................

235

P.2.

Notification of fire…………………………………………………...

237

Part Two: Compensation P.3.

Compensation to judicial staff in case of injury or death…………….

237

P.4.

Claims for compensation…………………………………………......

238

P.5.

Objection and Appeals ………………………………………………

239

P.6.

Injuries sustained when travelling on duty by air..……………………

239

P.7.

Reporting death, serious illness or injury……………………………. .

239

P.8.

Compensation for loss or damage to private property…………………

239

P.9.

Group Personal Accident Policy……………………………………….

240

Part Three: Exit from Judicial Service P.10.

Forms of exit from the Judicial Service ...................................................

241

P.11

Resignation …………………………………………………………….

241

P.12.

Termination of appointment of officers serving on agreement ................

242

P.13.

Termination of appointment of members of the subordinate staff… ……

242

P.14.

Termination of appointment of officers serving on temporary terms ......

242

P.15.

Retirement on attaining the age of 55 years................................................

242

P.16.

Retirement under the "50 Year Rule” .........................................................

244

P.17

Retirement on abolition/re-organization of office ……………………….

245

P.18

Retirement in Public Interest ……………………………………………

245

233

P.19

Retirement due to ill-health …………………………………………. ..

245

P.20

Refunds on termination of appointment or dismissal…………………..

246

P.21.

Reporting of retirement to the Treasury ...................................................

246

Part Four: Terminal Benefits P.22.

Membership to National Social Security Fund….………………………

247

P.23.

Exemption from the Fund ………………………………………………

247

P.24.

Reinstatement of formerly exempted persons…………………………..

248

P.25.

Registration under the Fund ………………………………………… …

249

P.26.

Benefits provided under the Fund…………………………………… …

249

P.27.

Benefits provided under Widows’ and Children’s Pension Scheme…….

250

P.28.

Refund of contributions……………………………………………... …

251

P.29.

Conditions attached to payment of benefits…………………………….

252

P.30.

General information on pensions and gratuities…………………….. …

253

P.31.

Eligibility for Pension/Gratuity…………………………………………

254

P.32.

Retirement benefits payable under the Pensions Act……………………

254

P.33.

Transfers and secondments of pensionable officers to other Government and Administrations ………………………………………

234

255

SECTION P WORKING CONDITIONS: COMPENSATION: EXIT FROM JUDICIAL SERVICE AND TERMINAL BENEFITS Part One: Working Conditions Fire precautions P.1

(i)

The Registrar is responsible for ensuring that the fire protection facilities provided in

the buildings used by the Judiciary are adequate and maintained in good order as advised by Fire Officers from the Ministry responsible for Public Works. S/he is also responsible for enforcing all necessary fire precaution measures as directed by the Ministry responsible for Public works.

(ii)

General information on fire precautions and fire equipment is contained in

publications which are obtainable on application from the Principal Fire Officer in the Ministry responsible for Public Works.

(iii)

The Principal Fire Officer and the Provincial/District Fire Officers are responsible

for providing advice on all matters concerning fire prevention, fire fighting, fire protection and fire demonstrations in all Government learning institutions and other public buildings throughout the Republic.

(iv)

A fire Officer will visit Government buildings quarterly, to inspect and test the fire

protection equipment provided. S/he will also arrange for maintenance of fire equipment provide and organise fire lectures, drills and demonstrations.

(v)

The Ministry responsible for Public Works is responsible for ensuring that new

buildings under construction are provided with adequate fire cover but individual Government institutions are responsible for the subsequent replacement of portable equipment and provision of 235

refill for such equipment which shall be obtained in accordance with the existing Government Procurement Procedures on the advice of the Principal Fire Officer or Provincial/District Fire Officers.

(vi)

Fire prevention and protection in buildings leased to the Government is the

responsibility of the owner of the building. All matters relating to fire prevention and protection in such buildings shall be referred to the owners who in turn shall take immediate steps to ensure that the buildings are safe for continued occupation. Fire officers shall ensure that landlords discharge this responsibility promptly.

(vii)

In the interest of life safety, no alterations shall be carried out on buildings without

prior consultation with the Principal Fire Officer or Provincial/District Fire Officers. Any means of escape from a building shall be kept clear of any obstruction which would make it difficult for occupants of the building to escape in case of fire.

(viii)

No hazardous or highly inflammable materials shall be stored in buildings without

the approval of the Principal Fire Officer or Provincial/District Fire Officers.

(ix)

Positions of fire fighting equipment must not be interfered with nor shall fire

fighting equipment such as hose reels and extinguishers be used for purposes other than fire fighting.

(x)

Each Government building must have a Safety Committee headed by a responsible

officer. It is the responsibility of the team leader to ensure that occupants of the building know what to do in case of fire and have the necessary information relating to means of escape provided, how to initiate an alarm, how to fight fires and how often fire drills shall be carried out. In case of doubt, the Principal Fire Officer and Provincial/District Fire Officer are available for advice.

(xi)

The Principal Fire Officer or any Provincial/District Fire Officer may recommend

any measures which he deems necessary for purposes of safety. It is the responsibility of the officer to whom such recommendations are addressed to ensure that appropriate steps are taken to 236

implement the measures with minimum delay.

Any officer who fails to implement such

recommendations will be held personally responsible for the consequences and in case of subsequent fire outbreak, he will be liable for disciplinary action and/or prosecution.

(xii)

Fire Prevention Committee shall be established at the Judiciary Headquarters and all

court stations to liaise with Government fire fighting officers.

Notification of fire P.2

(i)

All fires, however small, must be reported to the Principal Fire Officer or

Provincial/District Fire Officers or other government agencies i.e. the police or any administrative office within twenty four (24) hours. The building or premises so affected by fire must be guarded and no evidence shall be interfered with until investigations are over.

(ii)

It is the responsibility of whoever detects a fire to initiate alarm, inform the police

and fire brigade, take the nearest fire-fighting equipment and try to control the fire during its initial stages. Failure to comply with the foregoing provisions will render an officer liable to disciplinary action.

(iii)

All Judiciary buildings must be fitted with fire detectors and alarms.

Part Two: Compensation

Compensation to judicial Staff in case of injury or death P.3

Immediately an accident resulting in death or personal injury to an officer who falls within

the definition of a "employee" contained in Section 5 of the Work Injury Benefits Act (Cap.236) comes to the notice of the officer under whom he is directly employed, the employing officer shall report the accident to the employer with a copy to the Director of Occupational Safety and Health

237

Services, Ministry of Labour. The procedure for claiming compensation in accordance with this Act is set out below.

Claim for compensation P.4.

(i) A claim for compensation in accordance with Work Injury Benefits Act shall be lodged

by or on behalf of the claimant in prescribed manner within twelve months after the date of the accident or, in case of death, within twelve months after the date of death.

(ii) If claim for compensation is not lodged in accordance with paragraph (i) above, the claim for compensation may not be considered under Work Injury Benefits Act, except where the accident concerned has been reported in accordance with Section 21 of the Work Injury Benefits Act.

Objection and Appeals P.5.

(i)

Any person aggrieved by the a decision of the Director on any matter under this Act,

may within sixty days of such decision, lodge an objection with the Director an objection against such decision.

(ii)

The objection shall be in writing in the prescribed form accompanied by particulars

containing a concise statement of the circumstances in which the objection is made and the relief or order which the objector claims, or the question which s/he desires to have determined.

(iii)

The director shall within fourteen days after the receipt of an objection in the

prescribed form, give a written answer to the objection, varying or upholding his/her decision and giving reasons for the decision objected to, and shall within same period send a copy of the statement to any person affected by the decision.

238

(iv)

Any objector may, within thirty days of the Director’s reply being received by

him/her, appeal to Industrial Court against such decision.

Injuries sustained when travelling on duty by air P.6. An injury sustained by an officer when travelling on duty by air will be regarded as specifically attributable to the nature of his/her duty as long as the journey and mode of travel has been authorized by the Accounting Officer.

Reporting death, serious illness or injury P.7.

(i)

In the case of an officer's death, serious illness or injury, the next-of-kin must be

informed immediately and be made aware of the circumstances.

(ii)

If an officer dies, an immediate report by telephone, telegram or special message

shall be made to the Registrar/Head of Station/Section, stating the full name and designation of the officer together with particulars of the time, date, place, cause of death and the address and, if known the telephone number of the deceased's next-of-kin, and also whether the next-of-kin has been notified by the fastest means possible.

(iii)

In addition to the report referred to in paragraph (ii), a death certificate shall be

submitted to Registrar as soon as possible to facilitate processing of final dues.

Compensation for loss or damage to private property P.8.

No officer shall be entitled to claim compensation in respect of losses of or damage to

private property incurred through fire, theft, riot or otherwise, in the course of his/her service; but in special cases, in the main, restricted to hardship, the Judicial Service may consider the grant of compensation as an act of grace. No such concession shall, however, be made in respect of losses

239

which in the opinion of the Judicial Service were due to negligence for which the officer was responsible or which could reasonably have been covered by insurance.

Group Personal Accident Policy P.9.

(i)

The Judicial Service has arranged an insurance cover against injury and death for all

officers in the Judicial Service.

(ii)

The Group Personal Accident Policy which has been taken out covers injury

(permanent total disablement - based on Continental Scale) and death caused solely by violent external visible means and provided such death occurs not later than six calendar months thereafter.

(iii)

The Group Personal Accident Policy provides for compensation in the event of

injury (permanent total disablement) and death an amount equal to five times an officer's annual basic salary (excluding any allowances) at the time of accident or death.

(iv)

The Policy has been issued in the name of the Registrar, High Court, P.O. Box

30041, Nairobi who is required to report to the insuring company, not later than one calendar month of the happening of any event, claims on injury or death of officers occurring as a result of accidents.

(v)

Heads of Station/Section shall ensure that when an officer is injured or dies as a

result of an accident, such injury or death is reported to the Registrar immediately

(vi)

It is emphasized that prompt submission of claims within the stipulated periods is of

paramount importance as cases reported late may not be entertained.

240

Part Three: Exit from the Judicial Service Forms of exit from the Judicial Service P.10. There are various forms of exit from the Judicial Service. These are:

(a)

Resignation

(b)

Termination of appointment in accordance with the letter of appointment

(c)

Retirements: (i) on attaining of 55 years (ii) under “50 year Rule” (iii) on abolition/re-organization of office (iv) in public interest (v) on medical grounds

(d)

Dismissal.

Resignation P.11. (i)

An officer of the permanent establishment, whether confirmed or on probation, may

resign his/her appointment by giving a one (1) month notice or s/he shall pay one month’s salary in lieu of such notice. The Chief Justice or the Authorised Officer may waive the minimum period of one month in special circumstances. A non-pensionable officer may resign his/her appointment in accordance with the terms of his/her agreement or letter of appointment.

(ii)

On resignation, an officer is required to refund any outstanding liabilities to Judicial

Service. Any amount due to an officer may be withheld and applied towards any sum due by him/her. If the liabilities are outstanding, the matter will be referred to the Attorney General for legal redress.

241

(iii)

An officer who is contemplating resignation shall clearly understand that no officer

is eligible for pension or gratuity on leaving service except in the specific circumstances defined in the Pensions Act or letter of appointment. No officer who leaves service in other circumstance whether s/he resigns or retire, can be granted pension or gratuity. An officer who resigns cannot, if subsequently re-employed after a break of service, count his/her previous service for pension.

Termination of appointment of officers serving on agreement P.12. The employment of an officer serving on agreement may be terminated by the relevant authority in accordance with the provisions of the officer's agreement by giving appropriate period of notice or salary in lieu of notice. The Chief Justice or Authorized Officer is, however, required to obtain clearance from the Judicial Service Commission before determining the agreement by making a full report of the case which warrants such a step being taken.

Termination of appointment of members of the subordinate staff P.13. The employment of an officer of the subordinate staff may be terminated by the "Authorised Officer" in accordance with the procedure laid down in the Commission Regulations.

Termination of appointment of officers on temporary terms P.14. The employment of an officer serving on temporary appointment may be terminated by the relevant authority in accordance with the provisions of the officer's letter of appointment, by giving appropriate period of notice or salary in lieu of notice.

242

Retirement on attaining the age of 55 years P.15. (i)

An officer will be required to retire from service on attaining the age of 55 years

unless it is considered to be in the public interest to retain his/her service for a period beyond the age and the officer him/herself is agreeable to continue in the Judicial Service.

(ii)

The Pensions Act (Cap.189), does not prescribe any age limit at which an officer

must retire, but under Section 8 of the Act an officer may be required to retire from the service at any time after s/he attains the age of 50 years. Whenever it is necessary to enforce the retirement of an officer on grounds of age, the provisions of this Section will be employed in accordance with Regulation P.16.

(iii)

The relevant authority will review the cases of every officer who is about to reach

the age of 55 years at least 12 months in advance of his 55th birthday. Where in the public interest it is desired to retain an officer beyond the age of 55 years, the Authorized Officer will, at least six months in advance of the officer's 55th birthday, report the case to the Commission stating full reasons why s/he shall be so retained. In addition it must be stated categorically whether or not his/her retention beyond the age of 55 years will block the advancement of deserving junior officers, and whether or not his/her energy or efficiency has in anyway deteriorated due to age or any other reasons. Before reporting to the Judicial Service Commission, the Authorized Officer shall consult the officer and ascertain from him/her whether or not s/he would wish to remain in the service beyond the age of 55 years.

(iv)

Where it is not intended to retain an officer beyond the age of 55 years, the

Authorized Officer will so inform the officer giving him/her reasonable notice, of not less than three months. The decision that an officer shall compulsorily be retired on the grounds of age is vested by law in the Commission.

(v)

When the Registrar approaches the age of 55 years, s/he will so report to the

Commission, in conformity with paragraph (i) above (omitting any recommendation regarding the 243

desirability or otherwise of his/her retention in the Judicial Service), stating whether or not s/he would wish to remain in the Judicial Service.

(vi)

Other than the notice to be given by the Authorized Officer in accordance with

paragraphs (iii) to (v) above, an officer is not required to give notice of his/her retirement on reaching the age of 55 years.

Retirement under the "50 year Rule” P.16. (i)

An officer on attaining the age of 50 years may elect to retire any time thereafter or

may be required to retire anytime thereafter, without assigning any cause.

(ii)

Where such an officer is pensionable and has completed ten year's service, s/he will

be eligible for a pension should s/he be retired or elect to retire. If s/he has less than ten years' service s/he will be eligible only for a gratuity in accordance with Regulation 5 of the Pensions Regulations.

(iii)

An officer will be required to give six months notice of his/her intention to retire

under the `50 year' rule and the Judicial Service Commission will give a similar period of notice to any officer to whom it is intended to apply this provision.

(iv)

Applications from all paralegal officers in PLS 9 and below to retire under the `50

year' rule may be approved by the Authorized Officer. Authority for all judicial officers and paralegal officers in PLS 10 and above to retire from the service under the `50 year' rule must be obtained from the Judicial Service Commission.

(v)

If the relevant authority considers that an officer shall be called upon to retire on or

after reaching the age of 50 years, s/he shall advise the officer that his/her compulsory retirement is under consideration asking him/her whether s/he wishes to retire voluntarily or whether s/he wishes to make any representations of a personal nature against his/her compulsory retirement. The 244

relevant authority will forward such representations, together with his/her own observations to the Commission and the Commission will decide whether such officer shall be called upon to retire.

Retirement on abolition/re-organization of office P.17. The retirement of an officer either on the abolition of the office s/he holds or upon the reorganisation of the Judiciary, for better efficiency or economy, shall be done in accordance with Commission Regulations. Such action shall be approved by the Commission.

Retirement in Public Interest P.18. (i)

If an authorized officer, after having considered every report in his/her possession

made with regard to an officer, is of the opinion that it is desirable, in the public interest, that the service of the officer be terminated on grounds which cannot suitably be dealt with under any other provision of these Regulations, s/he shall notify the officer, in writing, specifying the complaints by reason of which his/her retirement is contemplated, together with the substance of any report or part thereof that is detrimental to the officer.

(ii)

If, after giving the officer an opportunity of showing cause why s/he shall not be

retired in the public interest, the authorized officer is satisfied that the officer shall be required to retire in the public interest, s/he shall, in the case of any officer, forward to the Commission the report on the case, the officer’s reply and his/her own comments and the Commission shall decide whether the officer shall be required to retire in the public interest.

(iii)

Where an officer is retired in the public interest, the authorized officer shall

furnish the Pensions Branch of the Treasury with full details of the case.

(iv)

The retirement benefits of an officer compulsorily retired in the public interest are

dealt with in accordance with Section 8 of the Pensions Act (Cap. 189). Depending on the

245

circumstances in which an officer has been required to retire, the retirement benefits for which the officer would otherwise be eligible may be abated or altogether withheld.

Retirement due to ill-health P.19. The Procedure to be followed regarding the retirement of an officer on the grounds of illhealth is set out in the Commission Regulations.

Refunds due on termination of appointment or dismissal P.20. Officers who leave the service on retirement, termination of appointment or dismissal may, in certain circumstances be liable to financial penalties. The penalties normally imposed take the form of refund by the officer in the circumstances and in the proportions laid down in the appropriate sections of these Regulations.

Reporting of retirement to the Treasury P.21. (i)

In cases where the retiring officer is eligible for retirement benefits under the

Pensions Act, a claim for such benefits shall be submitted to the Pensions Division of the Treasury on the appropriate Form G.P.178 or 179 as the case may be, at least 9 months before the date of retirement.

(ii)

The Head of the Human Resource Management Department or an officer duly

authorised by him/her to sign notices of retirement will be held personally responsible for the availability of the relevant service records to facilitate the submission of an acceptable retirement benefits claim to the Director of Pensions within the time limit specified in sub-section (i) of this regulation. The same officer will personally be held liable and accountable for the accuracy of the information submitted to the Director of Pensions.

246

(iii)

Cases of undue delay in processing claims for retirement benefits will be viewed

with utmost concern and where necessary disciplinary action will be taken against the officer responsible for the delay.

Part Four: Terminal Benefits Membership to National Social Security Fund P.22. (i)

The National Social Security Fund is a Government fund which was established by

the National Security Fund Act 1965 (Cap 258 of the Laws of Kenya) for the benefit of its members.

(ii)

It is essentially a compulsory saving scheme into which an employer pays a statutory

contribution of 10% of an employee's wage subject to a maximum regulated by the Act of which one half is recovered from the employee's wage.

Exemption from the Fund P.23. (i)

(ii)

Exemption from the fund is strictly limited and controlled.

Automatic exemption without the need for application has been granted to the

following categories:-

(a)

Pensionable officers in Government including the Judicial Service, and Local Government Service.

(b)

Persons eligible to receive any pension benefits under any scheme to which the Pensions Act applies and persons entitled to receive pension benefits under any scheme (statutory and non-statutory) providing comparable benefits, being persons in the Public Service. 247

(c)

Persons entitled to exemption from contribution to social security schemes under any international convention.

(d)

Persons not ordinarily resident in Kenya who are employed in Kenya for periods not exceeding three (3) years.

(e)

All persons/students receiving full-time education or training and who are employed during their vacation.

(f)

Persons subject to superannuation schemes for universities and colleges.

(g)

Members (other than civilian employees) of:

-

The Armed Forces;

-

The Kenya Police Force;

-

The Administration Police Force;

-

The Prison Service; and

-

The National Youth Service.

Reinstatement of formerly exempted persons P.24. Although employees who are in pensionable employment are exempted from the provisions of the National Social Security Fund Act, Legal Notice No.176 of 1975 provides that where an employee leaves his employment without being entitled to a pension, the Judicial Service as any other employer, is required to register that officer and pay into the Fund;

"a sum equal to the aggregate of the sums that he would have paid to the Fund in respect of such a person if he had paid to the Fund throughout the period for which such a

248

person was employed and was an exempt person, the standard contributions less the employee's share thereof". The spirit of this Legal Notice was to reinstate a formerly exempted person to a position s/he would have been had s/he not been exempted. The act of dismissal or termination of appointment reinstates a formerly exempted person to receive a Social Security benefit.

Registration under the Fund P.25. (i)

For registration to the fund, the employee will provide a National Identity Card and

duly completed Form 3 R signed and stamped by the employer.

(ii)

When this information is supplied, a membership card (SF 4) will be prepared for

issue to each member through the employer. Thereafter the member shall keep it safely in his/her possession and produce it to every new employer as evidence of his/her membership to the Fund. The card will be eventually surrendered to the Fund when the member permanently withdraws from it.

(iii)

Once a member has been registered, s/he retains the same membership number

throughout his/her life even though s/he may have many employers. A worker shall not be registered more than once.

Benefits provided by the Fund P.26. (i)

(a) Age benefit

This is payable to a member at the age of fifty five (55) years or when s/he ultimately retires from paid employment, whichever is the later.

(b)

Withdrawal benefit 249

This is payable to a member who is at least fifty (50) years of age and is no longer on regular employment. (c)

Invalidity benefit

This is payable to a member who is permanently incapable of work because of physical or mental disability, or to a member of at least fifty years of age who is suffering from partial incapacity of a permanent nature which prevents a member from undertaking employment providing him with a reasonable standard of livelihood.

(d) Survivors' benefit

This is payable to the dependants of a deceased member.

(e) Emigration grant

This will be paid to a member who is permanently emigrating from Kenya and with no intention of coming back.

(ii)

Each of the above mentioned benefits will consist of the total sum standing to the

credit of the member at the time i.e. the member's contribution, his/her employer's contributions and the interest earned by those combined contributions over the years of his membership.

Benefits provided under Widows' and Children's Pension Scheme P.27. (i)

The Widows' and Children's Pension Scheme was established by the Widows' and

Children's Pensions Act 1965 (Cap 195) to make provision for granting pensions to widows and children of the deceased public officers. The Scheme became effective from 1st January, 1966.

250

(ii)

Entry into the Scheme was optional for all male Kenya citizens who were serving

with the Government on pensionable terms of service (confirmed or probationary) on or before 1st January, 1966 and compulsory for those who joined the service thereafter. (iii)

A female pensionable officer who is a Kenya citizen may opt to join the Scheme if

she can prove that her husband is wholly or mainly dependent on her. If, however, in the event of her husband's death, she remarries, the subsequent marriage and the children thereof shall not be taken into account for the purposes of the Scheme unless she proves while she is still a public officer that her husband by that marriage is wholly or mainly dependent on her.

(iv)

A monthly contribution of 2% of the officer's salary will be recovered from the fund.

(v)

Where the spouse of the contributor to the Widows and Children’s Pension Scheme

dies and the children are over sixteen (16) years, the contributor will qualify for full refund of the contributions made.

(vi)

On the death of a member of the scheme, the spouse and the children under the age

of sixteen (16) or above but undergoing full time education who were dependent on the officer before his death, will be eligible for widows’ and children’s pension.

(vii)

Eligibility of the benefit ceases immediately the spouse re-marries. However, the

eligibility of the deceased’s children remains.

Refund of contributions P.28. (i)

Where there is evidence that an officer who was a member has no wife or children

of pensionable age on the last day of his service, i.e. he remained a bachelor or his wife died during his service and all his children have ceased to be of pensionable age and he leaves the service with eligibility for the grant of a pension, the total amount of his contributions are required to be refunded to him with interest.

251

(ii)

Where an officer leaves the service without the grant of a pension i.e. on resignation

or dismissal, the total amount of his contributions are refundable to him with interest.

(iii)

If an officer retires on any other ground, apart from medical, and he is entitled to

receive a service gratuity only, he can opt to be refunded his contributions, instead of benefits under the Scheme.

Conditions attached to payment of benefits P.29. (i)

(ii)

The widow’s pension is payable until her death, remarriage or cohabitation. A widow’s pension will not be granted (except in special circumstances) if the

husband dies within twelve (12) months of the marriage and there are no children.

(iii)

An officer’s widow cannot benefit if the marriage took place after s/he left the public

service.

(iv)

In the case of a polygamous officer, if he leaves more than one widow, benefits are

divided equally between the widows, subject to the satisfaction of the other conditions.

(v)

A divorced wife cannot benefit.

(vi)

A child’s pension is payable until the age of sixteen (16), or until the end of full time

education if that is later. A married daughter cannot benefit. The rate of benefit is subject to variation in respect of the number of qualified persons there may be from time to time.

(vii)

A child conceived after its father has left the public service cannot benefit.

(vii)

An adopted child, or step-child only qualifies for payment of benefit if the child was wholly or mainly dependant on the officer at the time of his death. 252

(ix)

A illegitimate child will not qualify for benefit.

General information on pensions and gratuities P.30. (i)

The pensions legislation of the Public Service of Kenya is contained in the Pensions

Act.

(ii)

Human Resource Management Division of the Judiciary shall complete the pension

and gratuity claim forms so that the Pensions Department of the Treasury can, without delay, make the necessary calculation based on the particulars given in the claim forms.

(iii)

The provisions are subject to amendment and nothing included in these notes is

intended to supersede provisions of the Pensions Act and Regulations.

(iv)

An officer who has rendered pensionable service to the Judiciary expects the

payment of retiring benefits in accordance with the provisions of the Pensions Act.

(v)

The Pensions Department of the Treasury is responsible for the calculation of the

pension/gratuity in accordance with the Pensions Act and Regulations based on the service records submitted by the Judiciary.

(vi)

The Pension/gratuity claim forms currently in use are:-

(a) G.P. 178 -

for pensionable officers.

(b) G.P. 179 -

For non-pensionable officers, serving on purely temporary terms. This form is completed in respect of male officers who were appointed or transferred to the service of the Government 253

prior to 1st April, 1966 and female officers who were so appointed or transferred prior to 1st January, 1977. (c) G.P. 213 -

For pensionable officers who resign, are dismissed, retire or die while still single and Without children.

Eligibility for pension/gratuity P.31. (i)

An officer is eligible for the grant of a pension or gratuity under the Pensions Act

only when s/he retires from the service of the Judiciary in any of the following circumstances:-

(ii)

(a)

Age not less than 50 years;

(b)

Abolition or re-organization of office;

(c)

Ill-health; and

(d)

Public interest.

An officer who voluntarily resigns from the service of the Government or who is

dismissed therefrom forfeits all claims to the retirement benefits. The only exception to this rule relate to resignation of an officer on or with a view to marriage or on account of circumstances surrounding their marriage. In this event, the resigning officer becomes eligible for the grant of a lump sum marriage gratuity if she fulfils the conditions necessary for the grant of the gratuity under Regulation 6 of the Act.

Retirement benefits payable under the Pensions Act P.32. (i)

The retirement benefits payable under the Act are:

(a)

Pensions which include service pension (whether unreduced or reduced), injury pension, killed-on-duty pension and abolition-addition pension. 254

(b)

Gratuities which include commuted pension gratuities; service gratuities, death gratuities, compassionate gratuities and marriage gratuities;

(c)

Other allowances which include annual allowance and maintenance allowance.

(ii)

A pensionable officer becomes eligible for the grant of a service pension only if s/he

has completed a minimum period of ten (10) years’ service. If however, s/he has completed less than ten (10) years service, s/he becomes eligible for the grant of a service gratuity.

(iii)

The rates and modes of calculation of these benefits are set out in the pensions

regulations.

Transfers and secondments of pensionable officers to other Government and Administrations P.33

(i)

When a pensionable officer is transferred to another Government or administration,

which is “scheduled” under the Pensions Act, the pension Form G.P. 178 and the statement of aggregate pensionable emoluments Form G.P. 190 shall be completed and forwarded to the Pensions Department of the Treasury for transmission to the Administration concerned. Similarly, when an officer is transferred to the Judicial Service, the Pensions Department of the Treasury shall be informed so that the Administration concerned can be asked to provide the necessary service particulars in respect of his service with that Administration.

(ii)

Transfers of pensionable officers from the Judicial Service to organizations which

are not “scheduled” under the Pensions Act but which have been declared to be “public service” for the purposes of the Act need not be notified to the Pensions Department of the Treasury until the eventual retirement from the organizations of such officers. It is advisable to ascertain from the Directorate of Personnel Management or the Pensions Department of the Treasury whether or not an organization to which their officers are seeking transfer has been declared a “public service”.

255

(iii)

When pensionable officers of the Judicial Service are seconded to another

Administration, the borrowing Administration will pay pension contributions to the Government based on a fixed percentage of the officer’s substantive salary in the Judicial Service for the period of secondment. The present rate of pension contribution is 31%.

256

Smile Life

When life gives you a hundred reasons to cry, show life that you have a thousand reasons to smile

Get in touch

© Copyright 2015 - 2024 PDFFOX.COM - All rights reserved.