MPs approve new retirement benefits law for judges

Court of appeal Judges head to witness the swearing in of the court  President David Musinga at the Supreme court  on June 11, 2021 [Collins Kweyu,Standard]

The National Assembly has passed the Judges’ Retirement Benefits Bill, creating a pension and contributory retirement scheme for judges. The bill now awaits President William Ruto’s assent.

The legislation sets a statutory framework to govern retirement benefits for judges of superior courts and seeks to secure financial protection after they leave office.

Judges have long relied on the Pensions Act of 1946, an arrangement lawmakers said no longer reflects modern public service retirement systems.

The bill establishes a Judges’ Retirement Benefits Fund for judges appointed after the law takes effect. Under the scheme, judges will contribute 7.5 per cent of their basic salary while the government will contribute 15 per cent.

Judges already serving will remain under the existing defined benefits pension system to protect benefits accrued during their tenure.

The legislation also creates a board of trustees to manage the retirement fund and allows disputes over retirement benefits to be appealed to the Retirement Benefits Appeals Tribunal.

Beyond pension payments, the bill provides post-retirement benefits including medical cover, diplomatic passports and access to government airport lounges.

Retired Supreme Court judges will receive additional benefits linked to responsibilities tied to the apex court and the judiciary.

The law also extends some benefits to judges who retired after the promulgation of the Constitution in 2010 but before the new law takes effect.