Constitution of Kenya (Repealed) - Kenya Law Reports

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94 Constitution of Kenya[Rev. 20097 of 1982, s. 8,14 of 1986, s. 6.(2) The power to appoint a person to hold or act in the office ofAmbassador, High Commissioner or other principal representative ofKenya in another country, and to remove from office a person holdingor acting in any such office, shall vest in the President:Provided that before exercising a power conferred by thissubsection in relation to a person who holds an office in the publicservice, other than an office to which this subsection applies, thePresident shall consult the Public Service Commission.Pensions lawsand protection ofpensions rights.112. (1) The law to be applied with respect to pensions benefitsthat were granted to a person before 12 th December, 1963 shall be the lawthat was in force at the date on which those benefits were granted or anylaw in force at a later date that is not less favourable to that person.(2) The law to be applied with respect to pensions benefits (notbeing benefits to which subsection (1) applies) shall -(a) in so far as those benefits are wholly in respect of a periodof service as a public officer that commenced before 12 thDecember, 1963, be the law that was in force on 11 thDecember, 1963; and(b) in so far as those benefits are wholly or partly in respect ofa period of service as a public officer that commenced after11 th December, 1963, be the law in force on the date on whichthat period of service commenced,or any law in force at a later date that is not less favourable to thatperson.(3) Where a person is entitled to exercise an option as to whichof two or more laws shall apply in this case, the law for which he optsshall, for the purposes of this section, be deemed to be more favourableto him than the other law or laws.Cap. 191,Cap. 192.Cap. 193.Cap. 194.(4) All pensions benefits shall (except to the extent to which, inthe case of benefits under the Provident Fund Act, the Widows’ andOrphans’ Pensions Act, the Asian Widows’ and Orphans’ Pensions Actand the Asian Officers’ Family Pensions Act or under any law amendingor replacing any of those Acts, they are a charge on a fund establishedby any of those Acts or by any such law and have been duly paid out ofthat fund to the person or authority to whom payment is due) be chargedupon the Consolidated Fund.(5) All sums that, under any of the Acts referred to in subsection
Rev. 2009]Constitution of Kenya 95(4) or under any law amending or replacing any of those Acts, are to bepaid by the Government of Kenya into a fund established by any of thoseActs or by any such law or are otherwise to be paid by the Governmentof Kenya for the purposes of any of those Acts or any such law shall becharged upon the Consolidated Fund.(6) A person who is entitled to the payment of pensions benefitsand who is ordinarily resident outside Kenya may, within a reasonabletime after he has received that payment, remit the whole of it (free fromany deduction, charge or tax made or levied in respect of its remission)to any country of his choice outside Kenya:Provided that nothing in this subsection shall be construed aspreventing -(i) the attachment, by order of a court, of a payment or partof a payment to which a person is entitled in satisfactionof the judgment of a court or pending the determinationof civil proceedings to which he is a party to the extentto which that attachment is permitted by the law withrespect to pensions benefits that applies in the case ofthat person; or(ii) the imposition of reasonable restrictions as to the mannerin which a payment is to be remitted.(7) In this section “pensions benefits” means any pensions,compensation, gratuities or other like allowances for persons in respectof their service as public officers or for the widows, children, dependantsor personal representatives of those persons in respect of that service.(8) References in this section to the law with respect to pensionsbenefits include (without prejudice to their generality) references tothe law regulating the circumstances in which those benefits may begranted or in which the grant of those benefits may be refused, the lawregulating the circumstances in which any such benefits that have beengranted may be withheld, reduced in amount or suspended and the lawregulating the amount of any such benefits.(9) For the purposes of this section -(a) an office in any naval, military or air force established byor under any law made by a legislature in Kenya;(b) to the extent to which pensions benefits in respect of servicein such an office are payable under any of the Acts referredto in subsection (4) or under any law amending or replacing
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Constitution of Kenya (Repealed) - Kenya Law Reports

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