ADVOKS GLOBAL · KENYA
Constituencies Development Fund Act
51. Transitional provisions
Edition: 2022-12-31 · In force
51. Transitional provisions
(1)In this section—"commencement day" means the date when this Act comes into operation;"former Act" means the Constituencies Development Fund Act, 2003;"former Board" means the Constituencies Development Fund Board established by section 5 of the former Act(2)On the commencement day, all the funds, assets and other property both movable and immovable, which immediately before such date were vested in the former Board shall by virtue of this subsection, vest in the Board.(3)On the commencement day, all rights, powers and liabilities, whether arising under any written law or otherwise which immediately before such day were vested in, imposed on or enforceable against the former Board shall be deemed to be vested, imposed or enforceable against the Board.(4)Any reference in any written law or in any document or instrument to the former Board shall, on and after the commencement day, be construed to be a reference to the Board.(5)The annual estimates of the former Board for the financial year in which the commencement day occurs shall be deemed to be the annual estimates of the Board for the remainder of that financial year.(6)The administrative directions made by the Board or by the Cabinet Secretary which are in force immediately before the commencement day shall, on and after such day, have force as if they were directions made by the Board or the Cabinet Secretary under this Act.(7)Any person who is an officer or employee of the former Board immediately before the commencement date of this Act shall be deemed to be an officer or employee of the Board on the same terms he or she was serving before the enactment of this Act.Provided that such person shall, within a period of six months from the commencement day, exercise his or her option either to—(a)enter into a written contract of service with the Board, whereupon his or her service with the Government shall be deemed to have been terminated without right to severance pay but without prejudice to all other remuneration and benefits payable upon such termination; or(b)be re-deployed by the Government.(8)The members of the former Board and the Chief Executive Officer shall continue in office as members of the Board and the Chief Executive Officer respectively until the expiry of their existing terms.