Constitution of Kenya (Repealed) - Kenya Law Reports

Rev. 2009]Constitution of Kenya 111specify the date on which he shall so retire which shall benot earlier than the expiration of six months from the datewhen he receives the notice or, if his leave of absence wouldotherwise expire later, when it would otherwise expire;and(b) in the case of any other officer, specify the period, whichshall be not less than six months from the date when hereceives the notice, at the expiration of which he shallproceed upon leave of absence pending retirement:Provided that the officer may agree to the notice specifying anearlier date or, as the case may be, a shorter period.(6) In determining the date or the period to be specified inpursuance of subsection (5) in a notice given to an officer, the chairmanof the Public Service Commission shall act in accordance with the adviceof the authority that nominated that officer under subsection (1).(7) This section applies to an officer who holds a pensionableoffice in the public service and -(a) is designated under the Overseas Service Aid Scheme; or(b) is a member of Her Majesty’s Overseas Civil Service or HerMajesty’s Overseas Judiciary; or(c) whose conditions of service include an entitlement to freepassages from East Africa for the purpose of leave of absence,other than sabbatical leave, upon the completion of a tourof duty; or(d) is an overseas officer who, after 11 th December, 1963, isappointed to any office in the public service (otherwise thanon promotion or transfer from another such office) and whois notified at the time of his appointment that this sectionwill apply to him.(8) In this section “overseas officer” means an officer in the publicservice who is, either individually or as a member of a class, declaredby the appropriate Commission to be an overseas officer, and “theappropriate Commission” means -(a) in relation to an officer who can be removed from his officeby the Judicial Service Commission, that Commission;and