Constitution of Kenya (Repealed) - Kenya Law Reports

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96 Constitution of Kenya[Rev. 2009any of those Acts, an office in the service of the East AfricaHigh Commission, the East African Common ServicesOrganization or the East African Community; and(c) an office in the service of any of the following bodies (whichare bodies that are no longer in existence but in respect offormer service in which pensions are payable out of Kenyafunds) -(i) the Combined Posts and Telegraphs Department of Kenyaand Uganda;(ii) the Amalgamated Posts and Telegraphs Department ofKenya, Uganda and Tanganyika;(iii) the Customs Department (Kenya and Uganda);(iv) the Kenya and Uganda Joint Imports ControlOrganization;(v) the Joint Income Tax Department;(vi) the Kenya Royal Naval Volunteer Reserve;(vii) the Northern Brigade, King’s African Rifles;(viii) the Zanzibar Branch Audit Office;(ix) the following departments of the Conference of EastAfrican Governors -(a) the Secretariat;(b) the British East Africa Meteorological Service;(c) the Statistical Section;(d) the East African Production and Supply Council;(e) the East African War Supplies Board;(f) the East African Directorate of Civil Aviation; and(g) the Directorate of Training,shall be regarded as an office in the public service.
Rev. 2009]Constitution of Kenya 97113. (1) Where under any law a person or authority has adiscretion-Power to withholdpensions, etc.(a) to decide whether or not any pensions benefits shall begranted; or(b) to withhold, reduce in amount or suspend any such benefitsthat have been granted,those benefits shall be granted and may not be withheld, reduced inamount or suspended unless the Public Service Commission concurs inthe refusal to grant the benefits or, as the case may be, in the decisionto withhold them, reduce them in amount or suspend them.(2) Where the amount of any pensions benefits that may be grantedto a person is not fixed by law, the amount of the benefits to be grantedto him shall be the greatest amount for which he is eligible unless thePublic Service Commission concurs in his being granted benefits of asmaller amount.(3) The Public Service Commission shall not concur undersubsection (1) or subsection (2) in any action taken on the groundthat a person who holds or has held the office of judge of the HighCourt, judge of any Court of Appeal exercising jurisdiction in Kenya,Attorney-General or Controller and Auditor-General has been guilty ofmisbehaviour in that office unless he has been removed from that officeby reason of his misbehaviour.(4) Before the Public Service Commission concurs undersubsection (1) or subsection (2) in any action taken on the groundthat a person who holds or has held any office to which, at the time ofthe action, section 69 applies has been guilty of misbehaviour in thatoffice, the Public Service Commission shall consult the Judicial ServiceCommission.(5) In this section “pensions benefits” means any pensions,compensation, gratuities or other similar allowances for persons inrespect of their service as public officers or for the widows, children,dependants or personal representatives of those persons in respect ofthat service.(6) For the purposes of this section an office shall be regarded asan office in the public service that is by virtue of section 112 (9) regardedas an office in the public service for the purposes of that section.
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