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The Kenya Ports Authority (Amalgamation) Order

Legal Notice 8 of 1987

This is the latest version of this Legal Notice.
The Kenya Ports Authority (Amalgamation) Order
Citation
Legal Notice 8 of 1987
Primary work
Kenya Ports Authority Act
Date
31 December 2022
Language
English
Type
Legal Notice
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LAWS OF KENYA

KENYA PORTS AUTHORITY ACT

THE KENYA PORTS AUTHORITY (AMALGAMATION) ORDER

LEGAL NOTICE 8 OF 1987

  • Published in Kenya Gazette Vol. LXXXIX—No. 3 on 16 January 1987
  • Commenced on 16 January 1987
  1. [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]

1. Citation

This Order may be cited as the Kenya Ports Authority (Amalgamation) Order.

2. Transfer of assets, etc. of Kenya Cargo Handling Services Ltd

(1)All the immovable and movable property and assets which on the 1st January, 1986 were vested in or possessed by Kenya Cargo Handling Services Limited (in this Order referred to as “the Company”) shall from that date by virtue of this Order vest in Kenya Ports Authority (in this Order referred to as “the Authority”) without any further conveyance, transfer or assignment.
(2)Except as the Authority may otherwise direct, all rights, obligations and liabilities which on the 1st January, 1986 were vested in or imposed on the Company shall from that date be deemed to be the rights, obligations and liabilities of the Authority:Provided that in the application of section 66 of the Act in respect of any obligation or liability of the Company to which this paragraph applies under section 66(b), the action or proceeding shall not lie or be instituted unless it is commenced within 12 months from the date of publication of this Order.
(3)Except as the Authority may otherwise direct, all references to the Company in any agreement or instrument relating to any property, assets, rights, obligations or liabilities transferred under paragraph (1) or (2) and subsisting on the 1st January, 1986, shall, unless the context otherwise requires, be read as references to the Authority.
(4)A reference in an agreement or instrument referred to in paragraph (3) to a director, officer or employee of the Company shall be read as a reference to the director, officer or employee of the Authority holding the most nearly equivalent post.
(5)Any legal proceedings pending at the date of publication of this Order by or against the Company shall be deemed to have been instituted by or against the Authority.
(6)A certificate by the Minister of the vesting of any immovable or movable property, asset, right, obligation or liability in the Authority under paragraph (1) or (2) shall be conclusive evidence of the fact for all purposes.

3. Transfer of employees of Kenya Cargo Handling Services Limited

(1)Except as the Authority otherwise directs, all persons who were employees of the Company on the 1st January, 1986 shall be deemed to have become employees of the Authority on terms and conditions of service to be determined by the Authority:Provided that until the new terms and conditions of service are determined by the Authority the employees transferred from the Company shall retain their terms and conditions of service.
(2)A transfer to the employment of the Authority under sub-section (1) shall not be redundancy for the purpose of regulation 15 of the Regulation of Wages (General) Order (sub.leg) or any other written law with respect to redundancy:Provided that a direction by the Authority under paragraph (1) that an employee shall not be transferred to employment of the Authority shall be deemed to be termination of employment on account of redundancy
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History of this document

31 December 2022 this version
16 January 1987
Published in Kenya Gazette 3
Commenced