113. (1) Where under any law a person or authority has a discretion -

(a) to decide whether or not any pensions benefits shall be granted; or

(b) to withhold, reduce in amount or suspend any such benefits that have been granted, those benefits shall be granted and may not be withheld, reduced in amount or suspended unless the Public Service Commission concurs in the refusal to grant the benefits or, as the case may be, in the decision to withhold them, reduce them in amount or suspend them.

(2) Where the amount of any pensions benefits that may be granted to a person is not fixed by law, the amount of the benefits to be granted to him shall be the greatest amount for which he is eligible unless the Public Service Commission concurs in his being granted benefits of a smaller amount.

(3) The Public Service Commission shall not concur under subsection (1) or subsection (2) in any action taken on the ground that a person who holds or has held the office of judge of the High Court, judge of any Court of Appeal exercising jurisdiction in Kenya, Attorney-General or Controller and Auditor-General has been guilty of misbehaviour in that office unless he has been removed from that office by reason of his misbehaviour.

(4) Before the Public Service Commission concurs under subsection (1) or subsection (2) in any action taken on the ground that a person who holds or has held any office to which, at the time of the action, section 69 applies has been guilty of misbehaviour in that office, the Public Service Commission shall consult the Judicial Service Commission.

(5) In this section "pensions benefits" means any pensions, compensation, gratuities or other similar allowances for persons in respect of their service as public officers or for the widows, children, dependants or personal representatives of those persons in respect of that service.

(6) For the purposes of this section an office shall be regarded as an office in the public service that is by virtue of section 112 (9) regarded as an office in the public service for the purposes of that section.