The Military Veterans Act 2022 - as Plain Text by MWakili

national council f or LAW REPORTING LIBRARY SPECIAL TSSTTF Kenya Gazette Supplement No.

98 (Acts No.

18) REPUBLIC OF KENYA KENYA GAZETTE SUPPLEMENT ACTS, 2022 NAIROBI, 17th June, 2022 CONTENT Act Page The Military Veterans Act, 2022 175 NATIONAL GliUNCIL F03 \M BI-fCRlS i504 JUL 2022 r - r \.

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NAIROBI 175 THE MILITARY VETERANS ACT, 2022 No.

18 of 2022 Date of Assent: 16th June, 2022 Date of Commencement: 4th July, 2022 ARRANGEMENT OF SECTIONS Section PART I - PRELIMINARY 1Short title.

2Interpretation.

3Principal objects of the Act.

4Guiding principles of the Act.

PART H- MILITARY VETERANS BENEFITS 5Militaiy veterans.

6Benefits.

PART HI- ADMINISTRATION 7Powers of the Defence Council.

8Director of Military Veterans.

9Functions of the Director.

10Establishment of the Advisory Committee.

11 Qualifications of the members of the Advisory Committee.

12Filling vacancies in the Advisory Committee.

13Tenure of members of the Advisory Committee.

14Remuneration and allowances of members of the Advisory Committee.

15Removal from office.

16Vacancy.

17Functions of the Advisory Committee.

18Reports of the Advisory Committee.

19Meetings of the Advisory Committee.

I 176 2022 Military Veterans No.

18 PART IV- DEPENDANTS EDUCATION FUND 20Dependants Education Fund.

PART V- REGULATIONS 21Regulations.

177 2022 Military Veterans No.

18 THE MILITARY VETERANS ACT, 2022 AN ACT of Parliament to establish a regulatory and institutional framework for the management of military veterans affairs; for the provision of benefits to military veterans and military veterans dependants; to establish the Dependants Education Fund; and for connected purposes ENACTED by the Parliament of Kenya, as follows PART I - PRELIM INARY Short title.

1.

This Act may be cited as the Military Veterans Act, 2022.

2.

In this Act, unless the context otherwise interpretation.

requires Advisory Conmnittee means the Advisory 10; Committee on Military Veterans established by section benefit means any benefit contemplated in section 6; Cabinet Secretary means the Cabinet Secretary responsible for matters relating to military veterans; child means a child of a Kenya military veteran under the age of eighteen years; Defence Council means the Defence Council established under Article 241 (5) of the Constitution; dependant, in relation to a military veteran, means the spouse or child of a military veteran; Director means the Director of Military Veterans appointed under section 8; and educational institution means a (a) secondary school; (b) technical or vocational institution; or (c) college or university.

Pri ncipal objects 3.

The principal objects of this Act are to establish of the A ct.

(a) a regulatory and institutional framework for the management of military veterans affairs; (b) a regulatory and institutional framework for the provision of benefits to military veterans and military veterans dependants; and 178 2022 Military Veterans No.

18 (c) the Dependants Education Fund.

Guiding 4.

(1) For the purposes of this Act, the following principles of the Act.

shall be the guiding principles relating to military v eter an s (a) the sacrifices made by milit^ veterans during military service and their role in the protection of national boundaries, and the security and integrity of Kenya shall be honoured; (b) military veterans who suffer from physical or mental disability that arise from their military service shall be given special benefits; and (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 v eter an s.

(2) Policies regarding military veterans shall be aimed at (a) recognising and honouring military veterans; (b) ensuring the smooth and seamless transition of military veterans from military service to civilian l if e; (c) restoring the capability of military veterans with disabilities to the greatest extent possible; (d) improving the quality of life of military veterans and their dependants; and (e) facilitating effective access to benefits and services for military veterans.

(3) Funds relating to military veterans shall be managed in accordance with the following principles (a) transparency, accountability and integrity; (b) prudent and responsible use of funds; (c) responsible financial management and clear fiscal reporting; (d) observance of social responsibility; (e) engagement in sustainable income-generating activities with value for money; and 179 2022 Military Veterans No.

18 (f) continuous system improvement and adaptability responsiveness.

PART II - M IL IT ARY V ETERANS BENEFITS Military veterans.

5.

(1) A Kenyan citizen shall be regarded as a military veteran for the purposes of this Act if that Kenyan citizen (a) has served in the Kenya Defence Forces; (b) became a member of the Kenya Armed Forces after 1963; (c) served in the Kings African Rifles before 1963; (d) has completed service in the Armed Forces or Kenya Defence Forces; (e) receives a pension from the Armed Forces or Kenya Defence Forces; and (f) has not been dishonourably discharged from military service.

(2) Despite subsection ( 1), a person who was discharged or retired from the Armed Forces or Kenya not Defence Forces on medical grounds shall, whether or that person receives a pension, be regarded as a military v eteran.

Benefits.

6.

(1) Subject to the provisions of this Act, the following benefits may be conferred on a military v eter an (a) counselling and treatment for post-traumatic stress or related conditions; (b) physical rehabilitation for any condition arising out of military service; (c) honouring and memorialising f allen military veterans; (d) education, training and skills development; (e) facilitation or advice on employment placement; and (f) facilitation or advice on business opportunities.

(2) Subject to the provisions of this Act, the following benefits may be conferred on a military veterans dependants 180 2022 No.

18 Militaiy Veterans (a) counselling and treatment for post-traumatic stress or related conditions; (b) facilitation or assistance in education placement for children of military veterans; (c) facilitation or advice on employment placement; and (d) facilitation or advice on business opportunities.

(3) The Defence Council shall, subject to any f acilitate Regulations that may be prescribed in this regard, the provisions of benefits under this section to military veterans and their dependants through the Ministry any responsible for matters relating to military veterans, a other Government ministry, department or agency, or private entity.

(4) Any Government ministry, department or agency a benefit that is responsible for the payment or provision of under this section shall co-operate with the Ministry in responsible for matters relating to military veterans respect of the payment or provision of the benefits.

(5) For the purposes of subsection (4), the Principal to Secretary in the Ministry responsible for matters relating military veterans may, in consultation with the Cabinet enter Secretary responsible for matters relating to finance, into service level agreements with a relevant Government of the ministry, department or agency for the facilitation payment or provision of benefits under this section.

PART III - A DM INISTRATION Powers of the 7.

The Defence Council shall Defence Council.

(a) develop a policy on military veterans; (b) consider proposals by the Cabinet Secretary, the Chief of Defence Forces or the Director regarding the policy on military veterans, funding and budgeting in connection with military veterans affairs; (c) commission research or studies on any issue affecting military veterans; (d) promote the i mplementation of programmes relating to military veterans affairs under this Act; and 181 2022 Military Veterans No.

18 (e) take such steps as may be necessary for the achievement of the objects of this Act.

Director of 8.

(1) There shall be a Director of Military Veterans Military Veterans.

who shall be appointed by the Defence Council.

of (2) The Director shall serve under the supervision the Chief of Defence Forces.

(3) The Defence Council may revoke the appointment of the Director or redeploy the Director.

Functions of the 9.

The Director shall Director.

(a) provide administrative services and facilities to the Advisory Committee in the performance of its functions; (b) investigate any submission, inquiry or complaint or relating to the benefits of military veterans military veterans dependants; (c) prepare a report on the findings of an investigation under paragraph (b) and share the report together with recommendations thereon with the military veteran, the military veterans dependant.

Cabinet Secret^ , Chief of Defence Forces or Advisory Committee as may be appropriate; (d) with respect to an investigation under paragraph (b), provide the military veteran, the military veterans dependant.

Cabinet Secretary, Chief of Defence Forces or Advisory Committee as may be appropriate with appropriate advice or assistance; the (e) develop strategies and programmes to facilitate progressive realisation of benefits to military veterans and military veterans dependants under this Act; (f) make recommendations to the Defence Council regarding military veterans affairs; (g) co-ordinate the implementation of policies relating of to military veterans affairs, report to the Chief Defence Forces on the implementation of the policies and make recommendations thereon for consideration by the Defence Council; (h) identify legislative and administrative interventions required for the reduction or 182 2022 Military Veterans No.

18 elimination of dispari ties or discrimination regarding the treatment of military veterans or military veterans dependants; (i) with the approval of the Cabinet Secretary, consult other relevant authori ties, persons, any organisations or institutions concerned with military veterans affairs in order to achieve the objects of this Act; (j) collect, manage and update data and information from any relevant authori ty, person, organisation or institution concerned with military veterans affairs; (k) assist military veterans or military veterans dependants in filing applications for review to the Pensions Assessment Committee and Pensions Appeals Committee; and by (1) perform any other functions as may be directed the Defence Council for the achievement of the objects of this Act.

Establishment of 10.

(1) There shall be established an advisory the Advisory Committee.

committee to be known as the Advisory Committee on Military Veterans.

(2) The Advisory Committee shall compri se (a) a chairperson appointed by the President on the recommendation of the Defence Council; (b) three nominees appointed by the Defence Council, each being a military veteran from Kenya Army, Kenya Air Force and the Kenya Navy; and (c) six other members appointed by the Defence Council.

(3) An appointment under this section shall be by name and notice in the Gazette.

(4) In making appointments under subsection (2) (b) and (c), the Defence Council shall ensure that (a) not more than two-thirds of the members of the Advisory Council are of the same gender; and (b) at least one member each shall be a retired senior officer, junior officer and service member.

183 2022 Military Veterans No.

18 (5) The Director shall be the secretary to the Advisory Committee.

the Qualifi cations of 11.

A person shall be qualified to be appointed as chairperson or member of the Advisory Committee if that AdWso^ * ^ person Committee.

(a) in the case of the chairperson, is a retired general officer of the Armed Forces or Kenya Defence Forces; (b) in the case of a member appointed under section 10 (2) (b) and (c), is a military veteran; and (c) meets the requirements of Chapter Six of the Constitution.

Filling vacancies 12.(1) Whenever a vacancy occurs in the Advisory in the Advisory at least Committee, the Defence Council shall, by notice in Committee.

two newspapers with a national circulation, i nvite as apphcations from qualified persons for appointment members of the Advisory Committee.

as (2) Any person who is interested in being appointed a member of the Advisory Committee shall apply in writing for to the Principal Secretary in the Ministry responsible matters relating to military veterans within twenty-one days from the date of the notice under subsection (1).

(3) An application under subsection (2) shall contain (a) full personal and career particulars of the applicant; and (b) the reasons and motivation for the application; t he (c) any other particulars that may be specified in notice under subsection (1).

(4) With regards to the appointment of the chairperson of the Advisory Committee, the Defence Council shall three prepare and submit to the President a shortlist of 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.

of (5) With regards to the appointment of the members the the Advisory Council under section 10 (2) (b) and (c), Defence Council shall appoint the successful applicant 184 2022 Military Veterans No.

18 in within seven days from the end of the period specified in subsection (2) and notify the successful applicant wri ting.

Tenure of 13.(1) The chairperson and members of the Advisory members of the Committee shall hold office on a part-time basis.

Advisory Committee.

(2) The chairperson and members of the Advisoiy f our Committee shall hold office for a period not exceeding years and shall not be eligible for re-appointment.

(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.

Remuneration and 14.

The chairperson and members of the Advisory allowances of the members of the Committee shall be paid such remuneration afl d allowances Salari es as the Defence Council shall, on the advice of the and Remuneration Commission, determine.

Removal from or 15.

(1) The President, in the case of the chairperson, office.

may the Defence Council, in the case of any other member, remove the chairperson or member of the Advisory Committee from offi ce on the ground of misconduct, incapacity or incompetence.

(2) Before the chairperson or a member of the Advisory Committee is removed from offi ce, he or she shall be afforded a reasonable opportunity to make not be representations on the reasons why he or she should removed from offi ce.

(3) Where the President intends to remove the ta ^^ chairperson from office or the Defence Council intends remove a member of the Advisory Committee from offi ce, be, the President or Defence Council may, as the case may his suspend the chairperson or member form offi ce pending or her removal duri ng which the chairperson or member may make representations in accordance with subsection (2).

16.

(1) A vacancy may occur in the offi ce of vacancy, the chairperson or member of the Advisory Committee if holder of the offi ce (a) resigns in wri ting to the appointing authori ty; (b) is removed from offi ce in accordance with this Act; or 185 2022 Military Veterans No.

18 (c) dies.

(2) Where the chairperson or member intends to resign three from offi ce, he or she shall give a notice of at least months.

(3) In the case of a resignation, the appointing than authority may, for good cause, accept a shorter notice the one specified in subsection (2).

Functions of the 17.

The Advisory Conunittee shall Advisory Committee.

(a) advise the Defence Council on any matter relating to the policy relating to military veterans; (b) on its own initiative or on the request of the Cabinet Secretary or Defence Council, make recommendations to the Defence Council, Cabinet Secretary or Director on any matter relating to military veterans or military veterans dependants; (c) on the request of the Defence Council or Cabinet Secretary, conduct research on any matter relating to militaiy veterans or military veterans dependants; and (d) perform any other functions as directed by the Defence Council necessary for the achievement of the objects of this Act.

Reports of the 18.

Within ninety days after the end of the financial Advisory Committee.

year, the Advisory Committee shall submit to the Defence y ear.

Council a report on its activities during the preceding Meetings of the 19.

(1) The first meeting of the Advisory Committee Advisory after the commencement of this A ct shall be held on such a Committee.

date and time and at such a place as the Cabinet Secretary shall determ ine.

(2) Each meeting of the Advisory Committee shall be the held on such a date and time and at such a place as chairperson, in consultation with the Cabinet Secretary, shall determine and not more than three months shall elapse between each meeting of the Advisory Committee.

(3) The decisions of the Advisory Committee shall be and by a majority vote of the members present and voting cast the in case of an equality of votes, the chairperson shall vote.

deciding vote in addition to his or her deliberative 186 2022 Military Veterans No.

18 (4) The quorum at the meetings of the Advisory Committee shall be four members.

(5) Any member who has any personal interest in a the matter before the Advisory Committee shall disclose of the interest and shall not participate in the proceedings Advisory Committee when that matter is being considered.

(6) The Advisory Committee shall, save as otherwise provided in this Act, determine its own procedure.

PART rV- DEPENDANTS EDUCATION FUND to 20.

(1) The Defence Council shall establish a fund ' be known as the Dependants Education Fund to provide scholarships for the education of the children of deceased military veterans.

(2) The Defence Council shall prescribe Regulations for the administration of the Fund including the procedure Fund.

for processing applications for scholarships from the and (3) All receipts, earnings and accruals to the Fund, y ear , the balance of the Fund at the close of each financial f or shall be retained by the Fund for use for the purpose which the Fund has been established.

inis0^2012.

(4) The Fund shall be established and administered accordance with the provisions of the Public Finance Management Act, 2012.

PART V - REGULATIONS 21.

(1) The Defence Council may make Regulations Regulations, of this generally for the better carrying out of the provisions Act.

(2) Despite the generality of subsection (1), the Regulations made under this section may provide for (a) the manner of accessing any benefit provided under this A ct; and (b) any matter required or permitted to be prescribed by or in accordance with this Act.

.