A parliamentary team has cleared the final hurdle for a new law that promises generous lifetime benefits for judges of superior courts, placing the group within reach of a retirement package valued at Sh5.7 billion.
The approval sets the stage for long-awaited changes that would replace the old system that has guided judges’ pensions for decades.
The Justice and Legal Affairs Committee of the National Assembly has endorsed the Judges’ Retirement Benefits Bill, 2025, after reviewing public submissions. In the committee’s assessment, the package funded by taxpayers will cost about Sh5.67 billion.
Judges are currently guided by a colonial-era law, and the judiciary has for years pushed for a modern structure to address gaps in the old framework.
The government-backed bill, which has been under high-level discussions, proposes a stronger pension formula for judges by calculating benefits using both basic salary and house allowance. It also introduces annual pension adjustments tied to consumer price indices, capped between one and five per cent.
Retiring judges will also receive a one-off transport payment, though the exact form of this allowance is yet to be defined.
Those who qualify, including judges who have served at least ten years, unless they opted for gratuity, will also receive lifetime medical cover. They will further retain diplomatic passports and continue to access government lounges at all airports in the country.
In its report, the committee chaired by Gitonga Murugara said the proposal responds to long-standing concerns over what they termed discrimination suffered by judges under the outdated Pensions Act of 1946.
They noted that judicial officers were excluded from pension changes introduced after the 2010 constitution, despite widespread reforms across the public service.
That shift in 2010 moved civil servants to a contributory pension plan under the Public Service Superannuation Scheme Act. But the judiciary was not included in the new arrangement, except for the Chief Justice and Deputy Chief Justice, whose benefits were captured under the Retirement Benefits (Deputy Presidents and Designated State Officers) Act of 2015.
“These reforms imply that judges are the only state officers and public officers whose pension is still governed by the Pensions Act,” JLAC said.
MPs argued that the current law does not reflect present realities and does not recognise the unique nature of judicial work. The committee stated that the bill aims to “provide judges with a pension that is honourable and assures judges have a dignified life after retirement, taking into account their unique contributions to the country”.
The committee also proposed a special adjustment for the five Supreme Court judges, excluding the Chief Justice and Deputy Chief Justice, so that they receive slightly higher benefits.
They said this reflects extra responsibilities carried by members of the apex bench, which include oversight of security, judiciary buildings and infrastructure.
JLAC noted that Supreme Court judges also support the welfare of staff and other judges, take part in developing rules of the court, handle bar bench relations, and participate in training.
MPs said it remains a major concern that judges of the highest court continue to receive pensions under a law they view as outdated, and maintained that the new bill will bring fairness and proper balance in the system.
