President William Ruto assented to the Judges’ Retirement Benefits Bill into law at State House Nairobi on Monday.
President Ruto said he was glad that judges would join other Kenyans in a pension scheme, which he noted will give judges the same benefits enjoyed by other Kenyans.
“Now we have a legal framework that will give the opportunity for our judges to serve in an environment where they know their future and retirement is guaranteed,” he said.
The Bill, sponsored by National Assembly Majority Leader Kimani Ichung’wah, marks the culmination of more than 30 years of efforts to establish a clear framework for the retirement benefits of judges.
The new law secures judicial independence through guaranteed retirement benefits by establishing a comprehensive framework to govern the retirement benefits of judges of the superior courts.
Its principal objective is to operationalise the constitutional guarantees of judicial independence and security of tenure by providing predictable, secure and fiscally sustainable retirement benefits for judges.
The law also protects the accrued pension rights of serving judges, ensuring that their benefits cannot be varied to their disadvantage.
Judges in office at the commencement of the Act will therefore remain within the existing defined benefits pension regime administered under the Pensions Act.
The new law also establishes a contributory retirement scheme for future judges through the creation of a Judges’ Retirement Benefits Fund.
Under the law, a judge appointed after the commencement of the Act will contribute 7.5 per cent of their basic salary, while the Government will contribute 15 per cent.
The fund will be administered by a Board of Trustees and provides retirement benefits through a structured contributory scheme designed to ensure long term fiscal sustainability.
The Act also provides non-pension benefits for judges, including medical cover, diplomatic passports and access to government VIP airport lounges.
Retired Supreme Court judges will receive additional benefits, reflecting the responsibilities associated with service at the apex court and their continued administrative roles within the Judiciary.
The law also recognises the service of already retired judges by extending specified post-retirement benefits to those who retired after the promulgation of the Constitution but before the commencement of the Act.
While their pension entitlements will remain governed by the Pensions Act, they will, however, be eligible for enhanced benefits such as medical cover and diplomatic privileges. This ensures equitable treatment for judges who served under the new constitutional dispensation.
The Act establishes a retirement benefits framework for a relatively small and specialised cadre of State officers whose numbers are fixed by statute and Judicial Service Commission policy. The approved establishment for the superior courts, comprising the Supreme Court, Court of Appeal, High Court, Environment and Land Court and the Employment and Labour Relations Court, stands at 388 judges.
Currently, 202 judges are in post, while recruitment is underway for one Supreme Court judge, 20 High Court judges and 10 Environment and Land Court judges.
The enhanced retirement benefits seek to ensure the Bench continues to attract and retain experienced, capable and independent members of the legal profession willing to serve despite the professional and personal constraints associated with judicial service.
The Act also aligns judges’ retirement benefits with best practice in pension management by providing a gradual transition towards a fully contributory pension scheme while ensuring fiscal prudence and consistency.
