The Social Protection Bill, 2025
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Establishment of the National Board for Social Protection
The Bill establishes the National Board for Social Protection as a body corporate. Under Clause 8, the Board is tasked with advising the Cabinet Secretary, designing and implementing social protection interventions, and maintaining a comprehensive registry of beneficiaries. Clause 10 outlines its composition, which includes representatives from national ministries, county governments, and representatives of trade unions, employers, persons with disabilities, and older members of society.
Creation of the Social Protection Registry
To improve targeting and reduce duplication of benefits, the Bill mandates the establishment of a Social Protection Registry. This registry will serve as a secure, centralized database of all beneficiaries and will comply with national data protection laws to ensure confidentiality and proper data handling.
New Social Protection Fund Established Under Clause 47
The Cabinet Secretary is required to establish a Social Protection Fund to finance social protection interventions. This Fund will be managed and overseen in accordance with the provisions of the Public Finance Management Act (Cap. 412A).
Fines of Up to KSh 2 Million for Benefit Fraud and Misappropriation
Part IV of the Bill introduces offenses and penalties to prevent the abuse of social protection benefits. Offenders face fines ranging from KSh 100,000 to KSh 2,000,000 and/or imprisonment terms of six months to five years for:
- Obstruction of officers implementing the Act
- Providing false information during application or verification
- Unlawful disclosure of confidential information
- Fraud in obtaining benefits or misappropriating social protection funds.
Bill No.
No. 12 of 2025
Gazette No.
—
Sponsor
Kimani Ichung’wa
Background
Social protection interventions in Kenya, including cash transfers for orphans, vulnerable children, older persons, and persons with severe disabilities, have historically been regulated under the Social Assistance Act (Cap. 258A). The Social Protection Bill, 2025 seeks to review this framework to enhance coordination, improve targeting, strengthen governance, and ensure sustainable implementation. The Bill was passed by the National Assembly on 30th April, 2025 and read a First Time in the Senate on 13th May, 2025.
Key Amendments
- Establishment of the National Board for Social Protection: Created as a body corporate to coordinate non-contributory social protection programs. Under Clause 8, its functions include advising the Cabinet Secretary, designing interventions, maintaining a beneficiary registry, and indexing benefits.
- Two Categories of Social Protection Benefits: Under Clause 29, benefits are categorized into:
- Social Assistance: Cash transfers and transfers in kind.
- Social Care Services: Rehabilitation services, psychosocial support, respite care, feeding programs, home-based care, skill-building programs, and essential drugs or assistive devices.
- Establishment of the Social Protection Fund: Under Clause 47, a new fund will be created by the Cabinet Secretary and managed pursuant to the Public Finance Management Act (Cap. 412A) to finance interventions.
New Obligations
- County Governments: Responsible for implementing national policies through county legislation, allocating local resources, and developing interoperable county registries for beneficiaries.
- Data Management: The Board must maintain a Social Protection Registry to target interventions and reduce benefit duplication, ensuring confidentiality in line with data protection laws.
- Application and Review Process: Applicants must undergo an eligibility assessment based on vulnerability. The Bill establishes formal application, review, and appeal mechanisms for dissatisfied applicants.
Penalties
Part IV of the Bill introduces penalties of fines ranging from KSh 100,000 to KSh 2,000,000 and/or imprisonment terms of six months to five years for the following offenses:
- Obstruction of officers implementing the Act.
- Providing false information during application or verification.
- Unlawful disclosure of confidential beneficiary information.
- Fraud in obtaining social protection benefits.
- Misappropriation of social protection funds.
Transitional Provisions
The Bill repeals the Social Assistance Act (Cap. 258A) and provides transitional guidelines to ensure continuity, including:
- Transfer of staff, assets, liabilities, and ongoing legal proceedings to the new framework.
- Continuation of existing social assistance benefits and programs during the transition.
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