102
CAP. 411A
Kenya Information and Communications
[Rev. 2011
proceedings of whatever nature and wheresoever instituted in relation
to the business of the former Corporation which is by virtue of this
section, transferred to the Commission, 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.
Transfer of other
Assets.
Cap. 486.
6. (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, 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