Military Veterans Act

This Act may be cited as the Military Veterans Act.

Jurisdiction: Kenya
Instrument: Act or statute
Citation: Cap. 199A
Version: 31 Dec 2022
Language: en
Official source: View official record ↗

Source attribution: Source: Kenya Law

Statute overview

About this statute

This Act may be cited as the Military Veterans Act. Defines the term "secondary school". The principal object is to establish a regulatory and institutional framework for the management of military veterans’ affairs. Guiding principles recognising and honouring military veterans, providing special benefits to disabled veterans, facilitating co-operation among government bodies, and setting principles for administration such as transparency and prudent financial management. Lists who qualifies as a military veteran and says medically discharged or retired persons are to be regarded as military veterans whether or not they receive a pension.

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Provisions of Military Veterans Act

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Part I

PRELIMINARY

1
PRELIMINARY - 1. Short title.
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This Act may be cited as the Military Veterans Act.

Section 1. Short title. Section This Act may be cited as the Military Veterans Act.
2
PRELIMINARY - 2. Interpretation.
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Defines the term "secondary school".

Section 2. Interpretation. Section secondary school;
3
PRELIMINARY - 3. Principal objects of the Act.
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The principal object is to establish a regulatory and institutional framework for the management of military veterans’ affairs.

Section 3. Principal objects of the Act. Section a regulatory and institutional framework for the management of military veterans’ affairs;
4
PRELIMINARY - 4. Guiding principles of the Act.
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Guiding principles recognising and honouring military veterans, providing special benefits to disabled veterans, facilitating co-operation among government bodies, and setting principles for administration such as transparency and prudent financial management.

Section 4. Guiding principles of the Act. Section 4(1)(a) the sacrifices made by military veterans during military service and their role in the protection of national boundaries, and the security and integrity of Kenya shall be honoured; Section 4(1)(b) military veterans who suffer from physical or mental disability that arise from their military service shall be given special benefits; and Section 4(1)(c) Government ministries, departments and agencies involved with military veterans shall co-operate with the Ministry responsible for matters relating to military veterans for the benefit of military veterans. Section 4(2)(a) recognising and honouring military veterans; Section 4(2)(b) ensuring the smooth and seamless transition of military veterans from military service to civilian life; Section 4(2)(c) restoring the capability of military veterans with disabilities to the greatest extent possible; Section 4(2)(d) improving the quality of life of military veterans and their dependants; and Section 4(2)(e) facilitating effective access to benefits and services for military veterans. Section 4(3)(a) transparency, accountability and integrity; Section 4(3)(b) prudent and responsible use of funds; Section 4(3)(c) responsible financial management and clear fiscal reporting; Section 4(3)(d) observance of social responsibility; Section 4(3)(e) engagement in sustainable income-generating activities with value for money; and Section 4(3)(f) continuous system improvement and adaptability responsiveness.

Part II

MILITARY VETERANS’ BENEFITS

5
MILITARY VETERANS’ BENEFITS - 5. Military veterans.
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Lists who qualifies as a military veteran and says medically discharged or retired persons are to be regarded as military veterans whether or not they receive a pension.

Section 5. Military veterans. Section 5(1)(a) has served in the Kenya Defence Forces; Section 5(1)(b) became a member of the Kenya Armed Forces after 1963; Section 5(1)(c) served in the King’s African Rifles before 1963; Section 5(1)(d) has completed service in the Armed Forces or Kenya Defence Forces; Section 5(1)(e) receives a pension from the Armed Forces or Kenya Defence Forces; and Section 5(1)(f) has not been dishonourably discharged from military service. Section 5(2) Despite subsection (1), a person who was discharged or retired from the Armed Forces or Kenya Defence Forces on medical grounds shall, whether or not that person receives a pension, be regarded as a military veteran.
6
MILITARY VETERANS’ BENEFITS - 6. Benefits.
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Section 6 lists benefits for military veterans and their dependants and assigns duties to the Defence Council and relevant government ministries to facilitate and cooperate in providing those benefits; the Principal Secretary may enter into service level agreements in consultation with the finance Cabinet Secretary.

Section 6. Benefits. Section 6(1)(a) counselling and treatment for post-traumatic stress or related conditions; Section 6(1)(b) physical rehabilitation for any condition arising out of military service; Section 6(1)(c) honouring and memorialising fallen military veterans; Section 6(1)(d) education, training and skills development; Section 6(1)(e) facilitation or advice on employment placement; and Section 6(1)(f) facilitation or advice on business opportunities. Section 6(2)(a) counselling and treatment for post-traumatic stress or related conditions; Section 6(2)(b) facilitation or assistance in education placement for children of military veterans; Section 6(2)(c) facilitation or advice on employment placement; Section 6(2)(d) facilitation or advice on business opportunities. Section 6(3) The Defence Council shall, subject to any Regulations that may be prescribed in this regard, facilitate the provisions of benefits under this section to military veterans and their dependants through the Ministry responsible for matters relating to military veterans, any other Government ministry, department or agency, or a private entity. Section 6(4) Any Government ministry, department or agency that is responsible for the payment or provision of a benefit under this section shall co-operate with the Ministry responsible for matters relating to military veterans in respect of the payment or provision of the benefits. Section 6(5) For the purposes of subsection (4), the Principal Secretary in the Ministry responsible for matters relating to military veterans may, in consultation with the Cabinet Secretary responsible for matters relating to finance, enter into service level agreements with a relevant Government ministry, department or agency for the facilitation of the payment or provision of benefits under this section.

Part III

ADMINISTRATION

10
ADMINISTRATION - 10. Establishment of the Advisory Committee.
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Creates the Advisory Committee on Military Veterans, specifies who appoints the Chairperson and other members, and states that the Director is secretary to the Committee.

Section 10. Establishment of the Advisory Committee. Section 10(1) There shall be established an advisory committee to be known as the Advisory Committee on Military Veterans. Section 10(2)(a) a Chairperson appointed by the President on the recomm endation of the Defence Council ; Section 10(2)(b) three nominees appointed by the Defence Council, each being a military veteran from Kenya Army, Kenya Air Force and the Kenya Navy; and Section 10(2)(c) six other members appointed by the Defence Council. Section 10(3) An appointment under this section shall be by name and notice in the Gazette . Section 10(4)(a) not more than two-thirds of the members of the Advisory Council are of the same gender; and Section 10(4)(b) at least one member each shall be aretired senior officer, junior officer and service member. Section 10(5) The Director shall be the secretary to the Advisory Committee.
11
ADMINISTRATION - 11. Qualifications of members of the Advisory Committee.
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The Chairperson must be a retired general officer of the Armed Forces or Kenya Defence Forces.

Section 11. Qualifications of members of the Advisory Committee. Section in the case of the Chairperson, is a retired general officer of the Armed Forces or Kenya Defence Forces;
12
ADMINISTRATION - 12. Filing vacancies in the Advisory Committee.
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When a vacancy occurs, the Defence Council must advertise in at least two national newspapers and invite applications; interested persons must apply in writing to the Principal Secretary within twenty-one days and provide personal and career particulars, reasons and motivation, and any other particulars specified; for the Chairperson the Defence Council must shortlist three names within seven days from the end of the application period and the President shall appoint one; the Defence Council shall appoint members referred to in section 10(2)(b) and (c) within seven days from the end of the application period and notify the successful applicant in writing.

Section 12. Filing vacancies in the Advisory Committee. Section 12(1) Whenever a vacancy occurs in the Advisory Committee, the Defence Council shall, by notice in at least two newspapers with a national circulation, invite apphcations from qualified persons for appointment as members of the Advisory Committee. Section 12(2) Any person who is interested in being appointed as a member of the Advisory Committee shall apply in writing to the Principal Secretary in the Ministry responsible for matters relating to military veterans within twenty-one days from the date of the notice under subsection (1). Section 12(3)(a) full personal and career particulars of the applicant; Section 12(3)(b) the reasons and motivation for the application; and Section 12(3)(c) any other particulars that may be specified in the notice under subsection (1). Section 12(4) With regards to the appointment of the Chairperson of the Advisory Committee, the Defence Council shall prepare and submit to the President a shortlist of three names within seven days from the end of the period specified in subsection (2) and the President shall appoint one of them to be the Chairperson. Section 12(5) With regards to the appointment of the members of the Advisory Council under section 10 (2)(b) and (c), the Defence Council shall appoint the successful applicant within seven days from the end of the period specified in subsection (2) and notify the successful applicant in writing.
13
ADMINISTRATION - 13. Tenure of members of the Advisory Committee.
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Members of the Advisory Committee (including the Chairperson) must hold office part-time, for no more than four years and cannot be re-appointed; the Defence Council must stagger terms so that not more than half end at the same time.

Section 13. Tenure of members of the Advisory Committee. Section 13(1) The Chairperson and members of the Advisory Committee shall hold office on a part-time basis. Section 13(2) The Chairperson and members of the Advisory Committee shall hold office for a period not exceeding four years and shall not be eligible for re-appointment. Section 13(3) In appointing the members of the Advisory Committee, the Defence Council shall ensure that the tenure of not more than half of the members of the Advisory Committee does not end at the same time.
14
ADMINISTRATION - 14. Remuneration and allowances of the members of the Advisory Committee.
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The Chairperson and members of the Advisory Committee must be paid remuneration and allowances as determined by the Defence Council on the advice of the Salaries and Remuneration Commission.

Section 14. Remuneration and allowances of the members of the Advisory Committee. Section The Chairperson and members of the Advisory Committee shall be paid such remuneration and allowances as the Defence Council shall, on the advice of the Salaries and Remuneration Commission, determine.
15
ADMINISTRATION - 15. Removal from office.
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The President (for the Chairperson) or the Defence Council (for other members) may remove the Chairperson or a member of the Advisory Committee for misconduct, incapacity or incompetence; before removal the Chairperson or member is to be afforded a reasonable opportunity to make representations; the President or Defence Council may suspend the person pending removal during which they may make representations under subsection (2).

Section 15. Removal from office. Section 15(1) The President, in the case of the Chairperson, or the Defence Council, in the case of any other member, may remove the Chairperson or member of the Advisory Committee from office on the ground of misconduct, incapacity or incompetence. Section 15(2) Before the Chairperson or a member of the Advisory Committee is removed from office, he or she shall be afforded a reasonable opportunity to make representations on the reasons why he or she should not be removed from office. Section 15(3) Where the President intends to remove the Chairperson from office or the Defence Council intends to remove a member of the Advisory Committee from office, the President or Defence Council may, as the case may be, suspend the Chairperson or member from office pending his or her removal during which the Chairperson or member may make representations in accordance with subsection (2).
16
ADMINISTRATION - 16. Vacancy.
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When the Chairperson or a member intends to resign they must give at least three months' notice; the appointing authority may accept a shorter notice for good cause.

Section 16. Vacancy. Section 16(1)(a) resigns in writing to the appointing authority; Section 16(1)(b) is removed from office in accordance with this Act; or Section 16(1)(c) dies. Section 16(2) Where the Chairperson or member intends to resign from office, he or she shall give a notice of at least three months. Section 16(3) In the case of a resignation, the appointing authority may, for good cause, accept a shorter notice than the one specified in subsection (2).
17
ADMINISTRATION - 17. Functions of the Advisory Committee.
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The Advisory Committee advises the Defence Council on any matter relating to policy for military veterans.

Section 17. Functions of the Advisory Committee. Section advise the Defence Council on any matter relating to the policy relating to military veterans;
18
ADMINISTRATION - 18. Reports of the Advisory Committee.
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The Advisory Committee must submit to the Defence Council a report on its activities for the preceding year within ninety days after the end of the financial year.

Section 18. Reports of the Advisory Committee. Section Within ninety days after the end of the financial year, the Advisory Committee shall submit to the Defence Council a report on its activities during the preceding year.
19
ADMINISTRATION - 19. Meetings of the Advisory Committee.
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Meetings of the Advisory Committee are scheduled by the Cabinet Secretary for the first meeting and thereafter by the Chairperson with the Cabinet Secretary; meetings must not be more than three months apart; decisions by majority vote with the Chairperson having a casting vote; quorum is four; members with personal interest must disclose and not participate; Committee determines its own procedure unless otherwise provided.

Section 19. Meetings of the Advisory Committee. Section 19(1) The first meeting of the Advisory Committee after the commencement of this Act shall be held on such a date and time and at such a place as the Cabinet Secretary shall determine. Section 19(2) Each meeting of the Advisory Committee shall be held on such a date and time and at such a place as the Chairperson, in consultation with the Cabinet Secretary, shall determine and not more than three m onths shall elapse between each meeting of the Advisory Committee. Section 19(3) The decisions of the Advisory Committee shall be by a majority vote of the members present and voting and in case of an equality of votes, the Chairperson shall cast the deciding vote in addition to his or her deliberative vote. Section 19(4) The quorum at the meetings of the Advisory Committee shall be four members. Section 19(5) Any member who has any personal interest in a matter before the Advisory Committee shall disclose the interest and shall not participate in the proceedings of the Advisory Committee when that matter is being considered. Section 19(6) The Advisory Committee shall, save as otherwise provided in this Act, determine its own procedure.
7
ADMINISTRATION - 7. Powers of the Defence Council.
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The Defence Council has the power to develop a policy on military veterans.

Section 7. Powers of the Defence Council. Section develop a policy on military veterans;
8
ADMINISTRATION - 8. Director of Military Veterans.
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Creates the office of Director of Military Veterans, to be appointed by the Defence Council; the Director serves under the Chief of Defence Forces; the Defence Council may revoke the appointment or redeploy the Director.

Section 8. Director of Military Veterans. Section 8(1) There shall be a Director of Military Veterans who shall be appointed by the Defence Council. Section 8(2) The Director shall serve under the supervision of the Chief of Defence Forces. Section 8(3) The Defence Council may revoke the appointment of the Director or redeploy the Director.
9
ADMINISTRATION - 9. Functions of the Director.
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Director to provide administrative services and facilities to the Advisory Committee for the Committee's performance of its functions.

Section 9. Functions of the Director. Section provide administrative servicesand facilities to the Advisory Committee in the performance of its functions;

Part IV

DEPENDANTS’ EDUCATION FUND

20
DEPENDANTS’ EDUCATION FUND - 20. Dependants’ Education Fund.
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The Defence Council must establish a Dependants’ Education Fund to provide scholarships for children of deceased military veterans and must prescribe regulations for its administration; the Fund must retain its receipts and be administered under the Public Finance Management Act.

Section 20. Dependants’ Education Fund. Section 20(1) The Defence Council shall establish a fund to be known as the Dependants’ Education Fund to provide scholarships for the education of the children of deceased military veterans. Section 20(2) The Defence Council shall prescribe Regulations for the administration of the Fund including the procedure for processing applications for scholarships from the Fund. Section 20(3) All receipts, earnings and accruals to the Fund, and the balance of the Fund at the close of each financial year, shall be retained by the Fund for use for the purpose for which the Fund has been established. Section 20(4) The Fund shall be established and administered in accordance with the provisions of the Public Finance Management Act (Cap. 412A).

Part V

REGULATIONS

21
REGULATIONS - 21. Regulations.
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The Defence Council may make regulations to better carry out this Act, including prescribing the manner of accessing benefits and any matters required or permitted to be prescribed under the Act.

Section 21. Regulations. Section 21(1) The Defence Council may make Regulations generally for the better carrying out of the provisions of this Act. Section 21(2)(a) the manner of accessing any benefit provided under this Act; and Section 21(2)(b) any matter required or permitted to be prescribed by or in accordance with this Act.

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