JSC urges Parliament to fast-track pensions Bill, says delay denying retired judges fair compensation

Judges have called on Parliament to fast-track the passage of a delayed pensions Bill that promises annual inflation-linked adjustments to their retirement benefits.

The Judicial Service Commission (JSC) says the prolonged delay in enacting the Judges Retirement Bill, 2025, is denying retired judges fair compensation in line with rising living costs.

The Judiciary has now urged legislators to expedite the Bill, which seeks to establish a dedicated pension framework for judges of the superior courts, providing for annual pension adjustments pegged to inflation but capped at five per cent.

Currently, reviews of pension benefits are conducted every two years under the Pensions Increase Act (Cap. 190), which grants a three per cent increment applicable to all pensioners, along with any previously granted increases. However, the JSC noted that if the proposed Bill is passed into law, the provisions will no longer apply to judges, whose benefits will be handled separately.

'Inordinate delay'

Speaking before the National Assembly’s Constitutional Oversight Implementation Committee (COIC), Judiciary Chief Registrar Winfridah Mokaya, who also serves as the JSC Secretary, decried what she termed an “inordinate delay” in the enactment of the Judges Retirement Bill, 2025, the Tribunal Bill, and amendments to several other statutes proposed by the Judiciary.

“The reviews are meant to enhance effective administration of justice and improve employee welfare. We propose that the Bills be fast-tracked,” Mokaya told the committee, which is chaired by Tiaty MP William Kamket.

Mokaya appeared before the legislators to present a report on the extent to which the JSC has fulfilled its constitutional mandate as outlined under Article 171 of the Constitution.

The Judges Retirement Bill, 2025, sponsored by Majority Leader Kimani Ichung’wah, seeks to give preferential treatment to retired judges over other public servants, who are not entitled to similar benefits.

Early exit

The Bill also proposes that judges who exit service due to physical or mental incapacitation should be entitled to at least 50 per cent of the benefits they would have earned had they completed 10 years of service and retired upon reaching the mandatory retirement age of 65.

Pensions under the new scheme will be paid from a proposed Judges’ Retirement Benefits Fund.

Under the framework, judges will contribute 7.5 per cent of their salaries during their service, while the government, as the employer, will contribute 15 per cent of each judge’s pensionable pay. This contribution will be charged directly to the Consolidated Fund.

According to current figures from the National Treasury, Kenya spends more than Sh200 billion annually on pensions and gratuities. The Treasury is, however, struggling to meet its obligations, having defaulted on disbursing Sh23 billion to retired public servants in the 2023/2024 financial year.

The judges-only pension scheme is being pushed despite Parliament and the Treasury rejecting a similar cost-of-living adjustment proposal for all retired public servants just months earlier.

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In April, the National Assembly Committee on Finance and National Planning shot down the Pensions (Amendment) Bill, 2024, citing sustainability concerns. That proposal had sought to introduce inflation-based pension increments across the entire public service.

Unlike the rejected plan, the Judges Retirement Bill targets only retired judges, with the government arguing that the specialised scheme will not place unsustainable pressure on the Exchequer.