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Section 81 of County Governments Act: Retirement on the ground of ill health

    

(1) A county public officer may retire from the county public office on the ground of ill health if—
(a) the concerned county chief officer considers that the public officer is incapable, by reason of any infirmity of body or mind, of discharging the functions of the public office and it is in the best interest for the officer to retire; or
(b) the public officer requests to be retired on the ground of ill health, in which case, the county chief officer shall initiate the process for the retirement in accordance with this section.
(2) If a public officer is considered for retirement or has requested to be retired in accordance with subsection (1), the concerned county chief officer shall require the officer to be examined by a medical board constituted by the director of medical services in the national government with the view to ascertain whether or not the public officer should be retired on the ground of ill health.
(3) After the public officer has been examined in accordance with subsection (2) and the finding is that he or she should be retired, the director of medical services shall forward the medical board’s records of proceedings and findings to the county head of public service who shall—
(a) request the officer to make any representation in view of the medical board’s record of proceeding and findings;
(b) make recommendations in view of the medical board’s findings and the officer’s representation, if any; and
(c) forward all the documents referred to in this subsection to the County Public Service Board.
(4) Unless the County Public Service Board considers that further inquiry is necessary, in which case it shall issue directions to the authorized officer accordingly, the Board shall decide forthwith whether the public officer should be called upon to retire on the ground of ill health.
(5) If the circumstances of ill health are such that a public officer cannot attend medical board or make a presentation on the findings of the medical board as provided for under this section, the public officer may nevertheless be retired by the County Public Service Board, if the authorized officer submits the case to it, on the ground of ill health in accordance with the law or service regulation or prescribed terms of service dealing with the period an officer may be retained in the service in case of prolonged ill health.

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