Constitution of Kenya (Repealed) - Kenya Law Reports
Constitution of Kenya (Repealed) - Kenya Law Reports
Constitution of Kenya (Repealed) - Kenya Law Reports
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Rev. 2009]<strong>Constitution</strong> <strong>of</strong> <strong>Kenya</strong> 107CHAPTER XITRANSITORY124. This Chapter shall have effect notwithstanding the foregoingprovisions <strong>of</strong> this <strong>Constitution</strong>, and accordingly, if any such provisionis inconsistent with a provision <strong>of</strong> this Chapter, the provision <strong>of</strong> thisChapter shall prevail.125. (1) This section shall have effect for the purpose <strong>of</strong> enablingan <strong>of</strong>ficer to whom this section applies or his personal representativesto appeal against any <strong>of</strong> the following decisions -(a) a decision <strong>of</strong> the Public Service Commission to givesuch concurrence as is required by section 113 (1) or (2) inrelation to the refusal, withholding, reduction in amount orsuspending <strong>of</strong> any pensions benefits in respect <strong>of</strong> such an<strong>of</strong>ficer’s service as a public <strong>of</strong>ficer;Effect <strong>of</strong> Chapter.Appeals in respect<strong>of</strong> certain decisionsaffecting pensionsbenefits.(b) a decision, whether <strong>of</strong> a Commission established by this<strong>Constitution</strong> or some other person or authority, to removesuch an <strong>of</strong>ficer from <strong>of</strong>fice if the consequence <strong>of</strong> the removalis that any pensions benefits cannot be granted in respect <strong>of</strong>the <strong>of</strong>ficer’s service as a public <strong>of</strong>ficer; or(c) a decision, whether <strong>of</strong> a Commission established by this<strong>Constitution</strong> or some other person or authority, to takesome other disciplinary action in relation to such an <strong>of</strong>ficerif the consequence <strong>of</strong> the action is, or in the opinion <strong>of</strong> theCommission or other person or authority taking the decisionmight be, to reduce the amount <strong>of</strong> any pensions benefitsthat may be granted in respect <strong>of</strong> the <strong>of</strong>ficer’s service as apublic <strong>of</strong>ficer.(2) In the following provisions <strong>of</strong> this section, references to theCommission shall be construed -(a) in relation to a decision referred to in subsection (1) (a), asreferences to the Public Service Commission;(b) in relation to a decision referred to in subsection (1) (b) or(c), being a decision taken by a Commission established bythis <strong>Constitution</strong>, as references to that Commission; and(c) in relation to a decision referred to in subsection (1) (b) or(c), being a decision taken by some other person or authority,as references to that person or authority.