[Rev. 2018]
Kenya Information and Communications
No. 2 of 1998
Company, or, the Corporation, as the case may be, shall not abate, be discontinued
or be in any way prejudicially affected by reason of such transfer of the business
of the former Corporation or of anything contained in this Act, and any suit, appeal
arbitration or other proceedings shall be continued, and enforced by or against the
Commission, Company or, the Corporation, as the case may be.
(5) In the case of assets and liabilities arising under any loans which vest in the
Commission, the Company or the Corporation, as the case may be on the vesting
day, the Commission, the Company or the Corporation as the case may be, may
enter into such arrangements or agreements over such rights and liabilities with
the Government or any other third party.
(6) Any assets and liabilities of the former Corporation which are not to be
vested either in the Commission, the Company or the Corporation as the case may
be, shall be disposed of in such manner as the Minister for Finance shall determine.
6. Transfer of other Assets
(1) The Minister for Finance may, by order published in the Gazette, from time
to time, provide that any property registered in the name of the Cable and Wireless
Company, (Kenya), the East African External Telecommunication Company,
the Post Master General, or the East African Posts and Telecommunication
Corporation, companies incorporated under the Companies Act (Cap. 486), which
had not been transferred to the former Corporation, shall on the date mentioned
in the order, be deemed to have been transferred to and registered in the name of
the Commission, the Company, or the Corporation, as the case may be.
(2) Except as otherwise provided in this Act, any agreement made, transaction
effected or other thing done by, to or in relation to the former Corporation which is
in force or effective immediately before the vesting day shall have effect as from
that day as if made, effected or done by, to or in relation to the Commission, the
Company or the Corporation as the case may be, were the same person, in law, as
the former Corporation, and accordingly, references to the former Corporation—
(a) in any agreement (whether or not in writing) and in any deed, bond
or instrument; and
(b) in any other document whatsoever (other than an enactment) relating
to or affecting any asset or liability of the former Corporation which
vests by virtue of paragraph 5 of this Schedule in the Commission,
the Company or the Corporation, as the case may be, shall be taken
with effect from the vesting date as referring to the Commission, the
Company or the Corporation, as the case may be.
7. Employees
(1) Every person who at the commencement of this Act is an employee of the
former Corporation, not being under notice of dismissal or resignation, shall on
the vesting day, become an employee of the Commission, the Company or, the
Corporation, as the case may be, as may be respectively specified by the Minister
on the same or improved terms and conditions of service.
(2) Where on the vesting day—
(a) any disciplinary proceedings against any employee of the former
Corporation, are in the course of being heard or instituted, or have
been heard or investigated by the former Corporation but no order or
decision has been made thereon; or
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