|CHAPTER 1 - CONSTITUTION OF KENYA (REPEALED) CODE | HOME|
|125. Appeals in respect of certain decisions affecting pensions benefits.|
|Effect of Chapter.||Compulsory retirement to facilitate appointment of local candidates.|
|Appeals in respect of certain decisions affecting pensions benefits.||
125. (1) This section shall have effect for the purpose of enabling an officer to whom this section applies or his personal representatives to appeal against any of the following decisions -
(a) a decision of the Public Service Commission to give such concurrence as is required by section 113 (1) or (2) in relation to the refusal, withholding, reduction in amount or suspending of any pensions benefits in respect of such an officer's service as a public officer;
(b) a decision, whether of a Commission established by this Constitution or some other person or authority, to remove such an officer from office if the consequence of the removal is that any pensions benefits cannot be granted in respect of the officer's service as a public officer; or
(c) a decision, whether of a Commission established by this Constitution or some other person or authority, to take some other disciplinary action in relation to such an officer if the consequence of the action is, or in the opinion of the Commission or other person or authority taking the decision might be, to reduce the amount of any pensions benefits that may be granted in respect of the officer's service as a public officer.
(2) In the following provisions of this section, references to the Commission shall be construed -
(a) in relation to a decision referred to in subsection (1) (a), as references 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 by this Constitution, 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.
(3) The Commission shall cause to be delivered to the officer concerned, or to his personal representatives, a written notice of a decision referred to in subsection (1), stating the time, not being less than fourteen days from the date on which the notice is delivered, within which he, or his personal representatives, may apply to the Commission for the case to be referred to an Appeals Board.
(4) If application is duly made within the time stated in the notice, the Commission shall notify the President in writing of that application and thereupon the President shall appoint an Appeals Board consisting of -
(a) one member, who shall not be a member of the Commission, selected by the President;
(b) one member selected by an association representative of public officers or by a professional body, nominated in either case by the applicant; and
(c) one member selected by the two other members jointly (or, in default of agreement between those members, by the Judicial Service Commission) who shall be the chairman of the Board.
(5) The Appeals Board shall inquire into the facts of the case, and for that purpose -
(a) shall hear the applicant if he so requests in writing and shall consider any representations that he wishes to make in writing;
(b) may hear any other person who, in the opinion of the Board, is able to give the Board information on the case; and
(c) shall have access to and shall consider all documents that were available to the Commission and shall also consider any further document relating to the case that may be produced by or on behalf of the applicant or the Commission.
(6) When the Appeals Board has completed its consideration of the case, then -
(a) if the decision that is the subject of the reference to the Board is a decision referred to in subsection (1) (a), the Board shall advise the Commission whether the decision should be affirmed, reversed or modified and the Commission shall act in accordance with that advice; and
(b) if the decision that is the subject of the reference to the Board is a decision referred to in subsection (1) (b) or (c), the Board shall not have power to advise the Commission to affirm, reverse or modify the decision but -
(i) where the officer has been removed from office the Board may direct that there shall be granted all or any part of the pensions benefits that, under any law, might have been granted in respect of his service as a public officer if he had retired voluntarily at the date of his removal and may direct that any law with respect to pensions benefits shall in any other respect have effect as if he had so retired; and
(ii) where some other disciplinary action has been taken in relation to the officer the Board may direct that there shall be adopted with respect to the calculation of any pensions benefits that, under any law, may be granted in respect of his service as a public officer such measures as the Board may specify in order to off-set all or any part of the reduction in the amount of the benefits that, in the opinion of the Board, would or might otherwise be a consequence of the disciplinary action,
and any direction given by the Board under this paragraph shall be complied with notwithstanding the provisions of any other law.
(7) In this section the expression "pensions benefits" has the meaning assigned to it in section 113.
(8) This section applies to an officer who holds a pensionable office 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 Her Majesty's Overseas Judiciary; or
(c) whose conditions of service include an entitlement to free passages from East Africa for the purpose of leave of absence, other than sabbatical leave, upon the completion of a tour of duty.