ADVOKS GLOBAL · KENYA
Parliamentary Pensions Act
7. Gratuities to former members
Edition: 2026-07-10 · In force
7. Gratuities to former members
(1)Subject to the provisions of this Act, a person shall be entitled to receive gratuity under this section where the person—(a)ceases to be a Member of Parliament; and(b)has served an aggregate period of five years or less.(2)The amount of gratuity payable to a person under this section shall be a sum equal to thirty-one percent of their basic salary for the period served.(3)If after receiving gratuity the Member elects to pay pension contributions under section 4, the Member may if he so desires−(a)repay the gratuity paid to the member plus interest at the rate of fifteen per cent per month within forty-five months, from the date the member elects to be pensionable; and(b)pay the contributions under section 4 for the entire period of non-contribution to match up with existing contributors.(4)Any amount paid by the member under subsection (3) shall be treated for the purposes of this section as if it were a contribution made by the Member at the time when he or she makes that payment.(5)For the purpose of calculating a person’s aggregate period of reckonable service, no account shall be taken of any period in respect of which gratuity had been paid to that person under this section and not subsequently repaid by the person.(6)For the purposes of this Act, a person who ceased to be a member of Parliament in consequence of its term ending shall be deemed to continue to be a member until such time when the Member fails to be re-elected whether by reason of failing to stand for election or otherwise to the National Assembly or Senate in the election to the new Parliament consequent on the end of that term of Parliament.