ADVOKS GLOBAL · KENYA
National Social Security Fund Act
54. Misconduct by officers of the Fund
Edition: 2022-12-31 · In force
54. Misconduct by officers of the Fund
(1)An officer of the Fund who, while performing duties assigned to him by the Board—(a)directly or otherwise solicits for, or receives a payment or other reward, whether or not he is entitled to claim; or(b)enters into any agreement to do, abstain from doing, permit, conceal or conspire at any act whereby the Fund is or may be defrauded, or which is contrary to the provisions of this Act or the power of execution of the duty of that officer;(c)discloses, except for the purposes of this Act or when required to do so by any written law or as a witness in a court of law or with the approval of the Fund, information acquired by him in the performance of his duties relating to a member, contribution, benefit or any information relevant to the purposes of this Act; or(d)uses his position to improperly enrich himself or others,commits an offence and shall be liable, on conviction, to a fine not exceeding two million shillings or to imprisonment for a term not exceeding five years or both and any money, property or reward obtained fraudulently shall be forfeited to the Fund.(2)Any person who, with the intention of defrauding the Fund or in any way defeating the successful enforcement of this Act—(a)directly or indirectly offers to give an officer of the Fund a payment or reward, or(b)promises or enters into an agreement with any officer of the Fund in order to induce the officer to do, abstain from doing, permit, conceal or connive at any act as a result of which the purposes of this Act are defeated, or which is contrary to the provisions of this Act for the proper execution of the duty of that officer,commits an offence and shall be liable, on conviction, to a fine not exceeding two million shillings or to imprisonment for a term not exceeding two years, or both and any money, property or reward obtained fraudulently shall be forfeited to the Fund.(3)Where an employee of the Fund conspires or aids and abets any other person in the commission of any offence specified in subsection (1), such employee shall, on conviction, be liable to a fine not exceeding two million shillings or to imprisonment for a term not exceeding two years or both and any money, property or reward obtained fraudulently shall be forfeited to the Fund.(4)Any penalty imposed on an employee or officer of the Fund under this section shall not prejudice any other disciplinary action the Board may decide to take against that employee or officer for that offence.(5)The provisions of this section shall apply to the Trustees with such modifications as may be necessary.