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OF THE COLONY AND PROTECTORATE OF KENYAPubhshed under the Authority of His Excellency the Governor of the Colony and Protectorate of Kenya

Vol. LVH—No. 50 NAIROBI, 13th September, 1955 Price 50 Cents

CONTENTS

Govt Notice No 129j]— PAGE

Bull for introduction into the Legislative Council—

The Pensions (Increase) (Amendment) Ordinance, 1955 921

13th September, 1955 THE OFFICIAL GAZETTE 921

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GOVERNMENT Norice No {291

The Governor in Council has approved of the introduction of the

following Bill into Legislative Council

A W PURVIS,Clerk of the Legislative Council

A BILL ENTITLEDAN ORDINANCE TO AMEND THE PENSIONS

(INCREASE) ORDINANCE, 1951

ENACTED by the Governor of the Colony of Kenya,with the advice and consent of the Legislative Councilthereof, as follows —

1 This Ordinance may be cited as the Pensions(Increase) (Amendment) Ordinance, 1955, and shall be

deemed to have come into operation on the first day ofJanuary, 1954, and to have and to have had, effect accord-ingly

2. There shall be substituted foi section 3 of the

Pensions (Increase) Ordinance, 1951 (heremafter referred

to as the principal Ordinance), the following section—

Increasesof pensions

3 (i) Where any person became eligiblebefore the first day of January, 1946, for the grantof a pension of a type specified in the First Scheduleto this Ordinance, such pension shall be increased

by seven and one-half per centum

Provided that the amount of any increase pay-able under this sub-section shall not exceed seventy-five pounds per annum

(2) Where any person became or becomeseligible on or after the first day of January, 1946,for the grant of a pension of a type specified inthe First Schedule to this Ordinance the Governorin Council of Ministers may, if satisfied that theamount of such pension was or is determined byreference to emoluments which had not beenrevised in accordance with arrangements for thegeneral revision of salaries and conditions of ser-vice coming into force in the Colony or elsewhereafter the third day of September, 1939, direct thathe shall be deemed to have become eligible forsuch pension before the first day of January, 1946,and where any such direction 1s given the provi-sions of sub-section (1) of this section shall applyaccordingly

(3) (a) Every pension of a type specified inthe First Schedule to this Ordinance shall beincreased by an amount calculated in accordancewith the provisions of the Second Schedule to thisOrdinance

Provided that—

(i) the amount of any increase payable underthis sub-section shall not exceed two hun-dred and twenty-five pounds per annum.

(11) the Governor in Council of Ministers mayby order, made with the approval to besignified by resolution of the Legislative

Short title andcommencement

Repeal andreplacement ofsection 3 ofOrdinance No 44of 1951

922 THE OFFICIAL GAZETTE 13th September, 1955

Council, amend the Second Schedule tothis Ordinance and may in the samemanner amend paragraph (i) of thisproviso, and any such order may be somade as to have retrospective effect to a 5

date specified therein

(6) In this sub-section the word “pension”means, in the case of a pension to be increasedunder sub-section (1) of this section, the pensionas so increased 10

Repeal and 3. There shail be substituted for the Second ScheduleeplacementofSecond Schedule to the principal Ordinance the following Schedule—to the principalOrdinance

SECOND SCHEDULE

Increase to be applied to certain pensions in accordance withsub-section (3) of section 3 of this Ordinance—

(a) If the pension does not exceed £70 per annum the increaseshall be 35 per centum of the amount of the pension

(b) If the pension exceeds £70 per annum but does not exceed£210 per annum the increase shall be 35 per centum of thefirst £70 and 1625 per centum of the remainder of the

pension

(c) If the pension exceeds £210 per annum the increase shall be225 per centum of the amount of the pension

MEMORANDUM OF OBJECTS AND REASONS

As a result of the revision of salaries which followed the LidburyReport the Financial Secretaries of the East African territories andthe Finance Member of the East Africa High Commussion havereviewed the whole question of pension increases, and made the

following proposals—

(a) that pensions which arose prior to 1954 (ie without thebenefit of the Lidbury revision) should be increased toconform to the revision,

(b) that pensions which arose prior to 1946 Ge without thebenefit of the earlier revision) should be consolidated withthe increases already applicable thereto befcie the increasesconsequent on the Lidbury revision are calculated

This Bul gives effect to the proposals outlined above, by substi-tuting a new section for section 3 of the Pensions (Increase) Ordinance,1951 (clause 2), and by substituting a new Schedule for the SecondSchedule thereto (clause 3)

The new section 3 (clause 2 of the Bill) also deals with a difficultythat has arisen 1n the case of an officer who was transferred to anotherterritory and retired after Ist January, 1946 (the effective date ofthe Holmes revision) without receiving the benefit of any post-war salaries revision similar to the Holmes revision It is consideredthat he should receive that benefit notwithstanding the fact that heretired after Ist January, 1946, and a new sub-section (2) is insertedby clause 2 of the Bill to cover this and any similar case which mayarise in the future The new sub-section covers incidentally the effectof the proviso to section 3 (1) as at present enacted, and that provisois therefore omitted in the Bull

If the provisions of this Bill become law it 1s estimated thatadditional expenditure of between £12,500 and £15,000 per annumwill be mcurred, together with some additional expenditure, whichcannot be estimated but which 1s not expected to be large, in respectof the new sub-section 3 (2) teferred to in the penultimate paragraphof this memorandum

Natrobt, R H MILLS-OWENS,8th September, 1955 Acting Attorney General

PRINTED BY THE GOVERNMENT PRINTER, NAIROBI

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