The Social Protection Bill, 2025

Overview

The Social Protection Bill, 2025, is an Act of Parliament designed to provide a comprehensive framework for the administration of non-contributory social protection interventions in Kenya. Its primary objectives are to reduce poverty and vulnerability, improve the well-being of the populace, build human capital, and offer protection against life-cycle risks and contingencies.

Key Provisions

Part I – Preliminary

• Objects of the Act: The bill aims to cushion all persons against risks and contingencies, build human capital and resilience, and promote the well-being of all persons throughout their life cycles.
• Scope: It exclusively applies to non-contributory social protection, meaning benefits are not conditional on contributions.
• Guiding Principles: Implementation is guided by principles of equity, social justice, inclusiveness, non-discrimination, participatory governance, a rights-based approach, adequacy, accessibility, sustainability, evidence-based programming, and a life-cycle approach.
• Role of County Governments: County governments are empowered to implement national social protection policies, allocate resources for interventions, collaborate with the national government, develop county registries, and conduct civic education.

Part II – The National Board for Social Protection

• Establishment: The bill establishes the National Board for Social Protection as a body corporate with perpetual succession.
• Functions: The Board's key functions include advising the Cabinet Secretary on social protection matters; designing, implementing, monitoring, and evaluating interventions; providing social assistance and care to vulnerable persons; coordinating interventions; fostering collaboration among government agencies; establishing and maintaining a social protection registry; facilitating data sharing; undertaking civic education; promoting knowledge sharing; periodically indexing social assistance benefits; mobilizing resources; and conducting research.
• Composition and Leadership: The Board will comprise a Chairperson appointed by the President, various Principal Secretaries or their representatives, a nominee from the Council of County Governors, appointed members representing diverse sectors (trade unions, employers, persons with disabilities, older members of society), and a Chief Executive Officer (CEO). Specific qualifications and tenure for the Chairperson, Board members, and CEO are outlined.
• Funding and Accountability: The Board's funds will come from parliamentary appropriations, accrued monies, gifts, grants, donations, and other lawful sources. It must prepare annual estimates, maintain proper accounts, and submit an annual report to Parliament.
• Protection from Liability: Members and staff of the Board are protected from personal liability for actions taken in good faith during the execution of their duties.

Part III – Administration of Social Protection

• Persons in Need: The Board will provide social protection to categories of persons determined by the Cabinet Secretary, including orphans or vulnerable children, poor older members of society, persons with disabilities, persons in extreme poverty, and those affected by shocks.
• Social Protection Benefits: Benefits include social assistance (cash transfers, in-kind transfers) and social care services (rehabilitation, psychosocial support, respite care, feeding programmes, home-based care, and programmes for skills promotion).
• Eligibility and Application: Eligibility criteria require applicants to be Kenyan citizens (or non-Kenyans in emergency situations), fall within the specified beneficiary categories, and meet conditions like income thresholds, age limits, health status, and care dependency. An assessment process will verify eligibility.
• Review and Appeals: Applicants aggrieved by a Board decision can seek an internal review within 14 days and may appeal to the High Court within 30 days.
• Beneficiary Rights and Obligations: Beneficiaries have rights to information, informed consent, dignified treatment, and fair handling of complaints. They are obligated to provide accurate information, use benefits responsibly, notify the Board of changes in circumstances, and comply with conditions.
• Abuse and Termination of Benefits: The Board can suspend or terminate benefits due to misuse, extended absence from Kenya, loss of eligibility, false information, fraud, or if the beneficiary is no longer in need. Penalties are prescribed for abuse of benefits, including fines or imprisonment.
• Refunds: Provisions are made for the refund of erroneously paid amounts.
• Benefit Review and Indexation: The Board, in consultation with the National Treasury, will periodically review and index social assistance benefits to account for changes in real value.
• Social Protection Registry: This singular database will inventory vulnerable individuals, provide an application platform, facilitate beneficiary selection and registration, coordinate interventions, monitor and evaluate programmes, provide data for shocks/emergencies, and facilitate linkages and referrals. It must be regularly updated.
• Data Handling: All data handling under the Act must comply with the Data Protection Act.

Part IV – Offences

• This part outlines offences related to obstruction of officers, giving false information, unlawful disclosure of beneficiary details, fraud against the Board, and misappropriation of funds. Penalties include fines and/or imprisonment, with fraudulently obtained property subject to forfeiture.

Part V – Miscellaneous Provisions

• Social Protection Fund: A Social Protection Fund will be established by the Cabinet Secretary for the National Treasury to finance the Act's implementation.
• Regulations: The Cabinet Secretary is empowered to make regulations concerning forms, eligibility criteria, classification of persons, terms and conditions for benefits, norms and standards, registry maintenance, targeting methodologies, beneficiary graduation protocols, grievance handling, exit criteria, and beneficiary representation.

Part VI – Repeal, Saving and Transition Provisions

• The Social Assistance Act (Cap. 258A) is repealed. Detailed provisions ensure the smooth transition of staff, obligations, liabilities, assets, legal proceedings, and existing social assistance benefits, programmes, and beneficiaries from the former Directorate of Social Assistance and National Social Protection Secretariat to the newly established Board.

This bill aims to create a robust and coordinated system for social protection in Kenya, focusing on transparency, accountability, and the efficient delivery of services to the most vulnerable populations.