ADVOKS GLOBAL · KENYA
Presidential Retirement Benefits Act
4. Circumstances under which benefits may not be paid
Edition: 2022-12-31 · In force
4. Circumstances under which benefits may not be paid
(1)Notwithstanding the provisions of section 3, the National Assembly may, on a motion supported by the votes of not less than two-thirds of the members thereof, resolve that a retired President or his surviving spouse, as the case may be, shall not be entitled to the whole or any part of the benefits conferred by this Act, on the grounds that the retired President—(a)ceased to hold office on account of having acted in wilful violation of the Constitution, or was guilty of gross misconduct; or(b)has, since ceasing to hold office—(i)been convicted of an offence and sentenced to imprisonment for a term of three years or more, without the option of a fine; or(ii)held office in, or actively engaged in the activities of any political party contrary to the provisions of section 6(1).(2)Where the National Assembly passes a resolution under subsection (1), a retired President or his surviving spouse shall not be entitled to any benefits under this Act, or their entitlement to such benefits shall be reduced in accordance with such resolution.(3)Where a retired President entitled to the benefits conferred by this Act, holds any appointive or elective post in or under the Government to which there is attached a rate of pay, other than a nominal rate, the benefits to which he is entitled shall be reduced by the amount of such pay.(4)The benefits conferred by sections 6 and 7 on a surviving spouse shall—(a)commence on the day after the retired or serving President dies;(b)not be payable unless such spouse waives the right to any other annuity or pension to which the spouse is entitled under the provisions of any other Act;(c)during any period in which such spouse holds an appointive or elective post in or under the Government to which there is attached a rate of pay, other than a nominal rate, be reduced by the amount of such pay;(d)cease on the last day of the month during which such spouse dies or remarries.