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Public Service Superannuation Scheme Act

10. Establishment of a Board of Trustees

Edition: 2022-12-31 · In force

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10. Establishment of a Board of Trustees

(1)There is established a board of trustees of the Fund to be known as Public Service Superannuation Fund Board of Trustees, which shall consist of—
(a)a Chairperson who shall be appointed by the Cabinet Secretary and who—
(i)has at least twenty years or an aggregate of twenty years experience in a senior management position in the Public Service; and
(ii)is not in the service of any employers’ or worker’s representatives or any person affiliated to any of the organisations represented on the Board;
(b)the Principal Secretary in the Ministry for the time being responsible for matters relating to finance or a representative;
(c)the Principal Secretary in the Ministry for the time being responsible for matters relating to the public service or a representative;
(d)the Secretary to the Teachers Service Commission or a representative;
(e)the Secretary to the Public Service Commission or a representative;
(f)the Inspector-General of the National Police Service or a representative;
(g)three other Trustees appointed by the Cabinet Secretary, of whom—
(i)one shall be nominated by the Kenya National Union of Teachers;
(ii)one shall be nominated by the Kenya Union of Post Primary Education Teachers;
(iii)one shall be nominated by the Union of Kenya Civil Servants; and
(h)the Chief Executive Officer appointed under section 20, who shall be an ex officio member and who shall not be entitled to vote on any matter before the Board.
(2)The Board shall be a body corporate with perpetual succession and a common seal and shall, in its corporate name, be capable of—
(a)suing and being sued; and
(b)taking, purchasing or otherwise acquiring, holding, charging or disposing of movable and immovable property;
(c)doing or performing all other things or acts for the furtherance of the provisions of this Act which may be lawfully done or performed by a body corporate.
(3)The Board may co-opt not more than two persons to assist it for such purposes and such periods as the Board may determine, but persons so co-opted may not vote on any matter before the Board.
(4)The Board shall elect from among its number one person to be the vice-Chairperson and act as the Chairperson whenever the office of the Chairperson is vacant or the holder thereof is absent from a meeting or is for any reason incapable of exercising his functions.
(5)A Trustee appointed under this section shall, in relation to the Fund, have the duties and obligations of a trustee, and be accountable in accordance with the provisions of the Trustee Act (Cap. 167).
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Source: Kenya Law