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 (3)   The appointment of an interim administrator shall be for such period, not exceeding twelve months, as the Chief Executive Officer may specify in the instrument of appointment but may be extended by the High Court, upon application by the Chief Executive Officer, if such extension appears justified.


 (4)   An interim administrator shall, upon assuming the management, control and conduct of the affairs and business of the trustees, the manager, the custodian or the administrator, discharge his duties with diligence and in accordance with sound actuarial and financial principles and in particular, with due regard to the interests of the trustees, the manager, the custodian, the administrator, the members and sponsors of the scheme.


 (5)   The responsibilities of the interim administrator shall be—

 a)     Tracing, preserving and securing all the assets and property of the scheme;

 b)    Recovering all debts and other sums of money due to and owing to the scheme;

 c)     Evaluating the solvency and the liquidity of the scheme;

 d)    Assessing the scheme’s, the manager’s, the custodian’s and the administrator’s compliance with the provisions of this Act and any regulations made thereunder;


 e)     Determining the adequacy of the capital and reserves and the management of the scheme and recommending to the Chief Executive Officer any restructuring or re-organization which he considers necessary and which, subject to the provisions of any other law, may be implemented by him on behalf of the trustees, the manager, the custodian or the administrator; and

 f)      Obtain from any former trustee, manager or administrator of the scheme or any officer, employee or agent thereof, any documents, records, accounts, statements, correspondence or information relating to the scheme.


 (6)   The interim administrator shall, within a period of twelve months from the date of his appointment, prepare and submit to the Chief Executive Officer, a report on the financial position and the management of the scheme with recommendations as to whether—

 a)      The scheme is capable of being revived; or

 b)    The scheme should be deregistered.


 (7)   The Chief Executive Officer shall, after taking into account the report of the interim administrator, make appropriate recommendations to the Board, which shall take a decision on the matter.


 (8)   Neither the Chief Executive Officer nor any officer, employee or agent of the Authority nor the interim administrator nor any other person appointed, designated or approved by the Chief Executive Officer under the provisions of this Part shall be liable in respect of any act or omission done in good faith in the execution of the duties undertaken by him.


 (9)   The costs of an interim administrator of a scheme shall be a charge of the Fund.

 The case was filed in the Judicial Review division of the High Court at Nairobi. A judicial review proceeding is different from ordinary proceedings of the court as it does not apply itself to the merits of a decision of an administrative body, rather, it examines the way in which a decision was made with reference to the principles of natural justice. A judicial review is utilized by the court to consider an administrative action of an administrative body usually where there are no other effective means of challenging that decision.

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