ADVOKS GLOBAL · KENYA
Office of the County Attorney Act
31. Transition
Edition: 2022-12-31 · In force
31. Transition
(1)Upon the coming into effect of this Act, members of staff employed by the county executive to perform the functions of the Office under this Act shall—(a)be deemed to be members of staff of the Office in their respective capacities;(b)retain any rights accrued or accruing to them as such staff or contributors;(c)be at liberty to continue to contribute to any superannuation scheme to which they were contributors;(d)be entitled to receive any deferred or extended leave as if they have continued to be such staff of the Office during their service with the county executive;(e)be entitled to receive any payment, pension or gratuity as if they have continued to be such staff of the Office during their service with the county executive; and(f)be deemed to be employees of the Office for the purposes of any law under which those rights accrued or were accruing, under which they continue to contribute or by which that entitlement is conferred.(2)Despite the provisions of subsection (1), a person employed by the county public service board to perform the functions of the County Attorney, County Solicitor or County Legal Counsel at the commencement of this Act shall continue to hold their respective positions in the Office after the coming into effect of this Act only if they meet the qualifications specified in this Act.(3)The county public service board shall, where a person employed by the county executive to perform the functions of the County Attorney, County Solicitor or County Legal Counsel does not meet the qualifications specified in this Act, redeploy such person to the highest position that is vacant and to which such person qualifies for appointment.