THE PENSION (AMENDMENT) BILL, 2024
Status Timeline
Proposed
Active now
Public Review
Pending
Debate
Pending
Executive
Pending
Final
Pending
Pension Rights Made Absolute
Amends Section 5 of the Pensions Act (Cap 189) by deleting subsection (2). This removes the statutory provision that excluded dismissed public officers from the absolute right to receive pension and gratuity benefits.
Forfeiture on Dismissal Repealed
Amends Section 68 of the Public Service Commission Act (Cap 185) by deleting subsection (4). This eliminates the requirement that a dismissed public officer forfeits all rights or claims to a pension, gratuity, annual allowance, or other retiring awards.
Alignment with Constitutional Rights
Protects public officers' retirement benefits in line with Article 41(1) of the Constitution of Kenya, which guarantees the right to fair labour practices.
Bill No.
No. 19 of 2026
Gazette No.
Supplement No. 93 of 2026
Sponsor
Omboko Milemba
Background
Under current legal frameworks in Kenya, public officers who are dismissed from service forfeit all accrued rights and claims to pensions, gratuities, and other retiring benefits. The Pensions (Amendment) Bill, 2024 seeks to amend this position to ensure that pension benefits, once earned, remain an absolute right. This reform is intended to promote fair labour practices as envisioned under Article 41(1) of the Constitution of Kenya, preventing disciplinary dismissals from resulting in the total loss of accrued retirement savings.
Key Amendments
Amendment of the Pensions Act (Cap 189)
- Section 5 Amended: The Bill deletes Section 5(2) of Cap 189. This deleted provision previously stated that the right to a pension or gratuity did not apply in respect of compensation for past services, and that nothing in the Act limited the Government's power to dismiss an officer without compensation.
Amendment of the Public Service Commission Act (Cap 185)
- Section 68 Amended: The Bill deletes Section 68(4) of Cap 185. This deleted provision previously mandated that any public officer who is dismissed forfeits all rights or claims to a pension, gratuity, annual allowance, or other retiring award.
Gazettement
The Pensions (Amendment) Bill, 2026 was published in the Kenya Gazette No. 93.
First Reading
The Pensions (Amendment) Bill, 2026 (National Assembly Bill No. 19 of 2026), sponsored by Hon. Omboko Milemba, MP, underwent its First Reading in the National Assembly.
First Reading
The Pensions (Amendment) Bill, 2026 (National Assembly Bill No. 19 of 2026), sponsored by Hon. Omboko Milemba, MP, underwent its First Reading in the National Assembly.