ADVOKS GLOBAL · KENYA
Competition Act
98. Secondment to Authority
Edition: 2022-12-31 · In force
98. Secondment to Authority
(1)Subject to subsection (2), the Commissioner, officers and servants of the Department in office on the appointed day shall be deemed to be officers and servants on secondment to the Authority.(2)Notwithstanding the provisions of subsection (1), within twelve months after the appointed day, the Authority shall review the qualifications of all persons deemed to be on secondment to the Authority under that subsection, and may retain those found suitably qualified for employment by the Authority subject to—(a)such persons opting to remain in the service of the Authority; and(b)such terms and conditions of service (not being to the disadvantage of such persons) as may be agreed with the Authority.(3)Any employee not retained by the Authority under subsection (2) may exercise his option to either—(a)retire from the service of the Government; or(b)in cases where the employee has not reached retirement age, be redeployed within the public service.(4)Where an employee enters into an agreement with the Authority under subsection (2), his service with the Government shall be deemed to be terminated without the right to severance pay but without prejudice to all other remuneration and benefits payable upon the termination of his appointment with the Government.(5)The annual estimates for the Department for the financial year in which the appointed day occurs shall be deemed to be the annual estimates of the Authority for the remainder of that financial year:Provided that such estimates may be varied by the Authority in such manner as the Cabinet Secretary may approve.