Section 163: Offices.

(1) Where any office has been established by or under the existing Constitution or any existing law, and this Constitution establishes or provides for the establishment of a similar or an equivalent office not being the office of President, first Vice-President, second Vice-President, Minister, Attorney-General and Minister of Justice, Member of the Cabinet, Deputy Minister or Parliamentary Special Assistant, any person who, immediately before the commencement of this Constitution, holds or is acting in the former office shall, so far as is consistent with the provisions of this Constitution, be deemed as from the commencement of this Constitution to have been appointed, elected or otherwise selected to or to act in the latter office in accordance with the provisions of this Constitution: Provided— i. that any person who under the existing Constitution or any existing law would have been required to vacate his office at the expiration of any period or on the attainment of any age shall vacate his office at the expiration of that period or on the attainment of that age; ii. that no alteration made in the functions, powers or duties of any office by this Constitution shall entitle the holder thereof for the purpose of any law with respect to pensions benefits to be treated as if his office had been abolished. (3) Any person who, by virtue of this Section, is deemed as from the commencement of this Constitution to have been appointed, elected or otherwise selected to hold or act in any office shall also be deemed as from the commencement of this Constitution to have been appointed, elected or otherwise selected to hold or act in any office, and shall also be deemed to have taken and subscribed any necessary oath under this Constitution. (3) The persons who immediately before the entry into force of this Constitution were Justices of the Supreme Court, or Justices of the Court of Appeal, Judges of the High Court established under Sections 66 and 67 of the existing Constitution shall be deemed to have been appointed respectively Justices of the Supreme Court, Justices of the Court of Appeal and Judges of the High Court established by this Constitution. (4) The person who immediately before the entry into force of this Constitution held the office of Chief Justice of the Judiciary established under Sections 66 and 67 of the existing Constitution shall be deemed to have been appointed Chief Justice, and a Justice of the Supreme Court under this Constitution. (5) A person who is a member of the Public Service Commission established by the existing Constitution may, notwithstanding that by reason of his having held or been nominated for election to any office before the coming into effect of this Constitution, he is disqualified to be appointed as a member of the Public Service Commission established by this Constitution, continue in office under this section as a member of that Commission and be reappointed thereto upon the expiration of his term of office. (6) The provisions of this Section shall be without prejudice to the provisions of subsection 4 of Section 21 of this (7) In this Chapter “pensions benefits” mean any pensions, compensations, gratuity, or other like allowances for the holder of that office in respect of his service as a public officer or for the widow, children, dependants or personal representative of such holder in respect of such service, whether accruing from a contributory or non-contributory basis. (8) Reference in this Chapter to the law with respect to pensions benefits includes (without prejudice to their generality) references to the law regulating the circumstances in which such benefits may be granted or in which the grant of such benefits may be refused, the law regulating the circumstances in which any such benefits that have been granted may be withheld, reduced in amount or suspended, and the law regulating the amount of any such benefits.