Petition calls for pension review and merge of civi service schemes

The National Assembly has received a public petition seeking far-reaching changes to Kenya’s public service pension system, with retirees raising concerns over unequal benefits, delayed payments, and the failure to review pensions in line with rising economic pressures.

The petition, formally presented to the House by Speaker Moses Wetang’ula as Public Petition No. 08 of 2026, was submitted by members of the Kenya National Association of Public Service Pensioners in Kericho on behalf of retired public servants across the country.

According to the Speaker, the petition was filed by John Serem, Richard Bett, and Olive Chepkoech, who argue that changes introduced under the Public Service Superannuation Scheme Act, 2012 have left many pensioners at a disadvantage.

“The Petitioners, who are public service pensioners adversely affected by the current pension framework governing the public service, aver that the Government, through the Public Service Superannuation Scheme Act, 2012, converted the previous Non-Contributory Defined Benefit (DB) pension scheme to a Defined Contributory (DC) scheme effective 1st January 2021.” Wetang’ula said in a statement.

The petitioners contend that the shift created two separate pension structures, resulting in unequal treatment of retirees who remain under the older scheme.

“Honourable Members, the Petitioners claim that the current dual-pension architecture discriminates against former public servants under the Non-Contributory Defined Benefit pension scheme, who receive inadequate and irregular payments compared to the Defined Contributory scheme. They contend that this disparity amounts to unconstitutional discrimination among persons of the same class of entitlement.”

They further argue that existing pension laws are not being implemented in a manner that protects retirees, particularly with regard to pension commutation.

“The Petitioners note that Section 5 of the Pensions Act, Cap. 189 defines pension as an absolute right earned through public service. Yet, the current system compels retiring officers to commute one quarter of their pension, thereby reducing monthly income available to retirees.”

The petition also points to what the retirees describe as a failure to implement recommendations made by the Salaries and Remuneration Commission on regular pension reviews.

“The Petitioners recall that in 2014, the Salaries and Remuneration Commission (SRC), based on Actuarial Study valuation, recommended a 50 percent increase in the tax-free pension contribution limit under the Defined Benefit (DB) pension scheme every three years… However, no comprehensive actuarial pension review has been undertaken in conformity with the recommendations, leaving pensioners vulnerable to economic attrition.”

Another issue raised in the petition concerns the payment of benefits to dependants following the death of a pensioner.

The retirees say the process remains difficult and inconsistent despite clear legal provisions.

“The Petitioners are dismayed that the Government has inconsistently applied provisions of Section 17 of the Pensions Act that obligates payment of pension benefits to dependants upon the death of an officer. In this regard, access to Pension Benefits upon death of the Principal Officer by the respective next of kin remains administratively onerous hence violating the said provision.”

In their appeal to Parliament, the petitioners are seeking the merger of all non-contributory civil service pension schemes into a single structure and a review of laws governing pensions.

“The Petitioners therefore pray that the National Assembly directs the amalgamation of all non-contributory civil service pension schemes into one unified scheme, urges the National Treasury and SRC to undertake a comprehensive actuarial study and gazette pension increase to address inflation and Repeals the Pensions Act, Cap 189 and Pension (Increase) Act, Cap 190.”

Wetang’ula told lawmakers that the matters raised fall within the mandate of the National Assembly and directed that the petition be referred to the Public Petitions Committee for consideration.

“Having determined that the matters raised by the Petitioners are well within the authority of this House, I order that, pursuant to the provisions of Standing Order 227(1), this Petition be committed to the Public Petitions Committee.”

The committee will now examine the issues raised and submit its findings to both the House and the petitioners.

“The Committee is required to consider the Petition and report its findings to the House and the Petitioners in accordance with Standing Order 227(2).”