By Tajeu Shadrack Nkapapa
The Judiciary had presented the Judges’ Retirement Benefits Bill, 2024 to officials of Kenya Treasury led by the Cabinet Secretary for Treasury, Prof Njuguna Ndung’u.
The Bill proposes that the scheme operates on a defined benefit basis, with modest improvements, including house allowance as part of the pension.
Historically, the Judiciary operated as a component of the civil service, functioning under the jurisdiction of the Attorney General’s Chambers.
However, significant reforms in 1993 resulted in the separation of the Judiciary from the civil service, aiming to bolster financial autonomy and recognize the distinct professional environment in which judges operate.
According to Chief Justice Hon. Martha Koome, since the delinking, several initiatives have been undertaken to establish a separate pension scheme for judges but despite the efforts, lack of legislative backing has hindered progress over the past 30 years.
“It is notable, that other civil servants have transited to the Public Service Superannuation Scheme, but judges are the only State/public officers remaining within the Pension Act of 1946,” Hon. Koome said on X.
“Judges have the longest tenure of all State and public officers, given their retirement age at 70 years. In order to ensure that the position of judge retains esteem and continues to be attractive to the most meritorious members of the legal profession then the pensions benefit for judges must be responsive to the unique nature of their work,” she added.
Hon. Koome said a comparative study conducted by the Taskforce across Commonwealth countries revealed a widespread recognition of the need for a stand-alone pension statute that specifically addresses the unique service conditions of judges.