Labour unions and retired officers have urged Members of Parliament (MPs) to amend pension laws so that public servants do not lose their retirement benefits after dismissal, arguing that forfeiture amounts to double punishment.
The Union of Kenya Civil Servants (UKCS) and the Kenya Association of Retired Officers (KARO) appealed on Thursday while appearing before the National Assembly's Social Protection Committee at Bunge Tower in Nairobi. They were presenting their views on the Pensions (Amendment) Bill, 2026.
The Bill, sponsored by Emuhaya MP Omboko Milemba, seeks to address provisions that allow public servants to lose their pension entitlements after dismissal from service.
The two organisations argued that employees who have served for years on permanent and pensionable terms should retain their accrued retirement benefits even when disciplinary proceedings end in termination.
UKCS Secretary-General and chief executive Lawrence Nyaguti Ochieng said denying dismissed workers their pensions was unfair, since disciplinary action already serves as a consequence for misconduct. He said Article 43 of the Constitution guarantees the right to social security, which should not be undermined by laws that strip workers of their retirement savings.
KARO chairman Ahmed Hussein Ahmed said protecting pension entitlements for officers who have served for at least 10 years on permanent and pensionable terms was necessary to uphold fair labour practices under Article 41(1) of the Constitution.
The two organisations also cited a ruling in Otieno v Teachers Service Commission (ELRC E020 of 2022), which they said challenged the constitutionality of statutory provisions denying dismissed employees their pensions. They argued that pension benefits are property rights that should not be taken away solely because an employee has been dismissed.
The submissions also raised concerns over Section 10A of the Pensions Act, which provides for the deferment of benefits for certain officers retiring before the age of 50. UKCS called for a review of the provision, arguing that restrictions on access to retirement benefits must meet the constitutional requirements for limiting fundamental rights.
Committee chairperson Alice Ng'ang'a assured the delegations that their proposals would be considered as members prepare their report on the Bill. She acknowledged that the proposed changes addressed concerns affecting workers and retirees.
The committee will consider the views presented as it examines the Bill before making its recommendations to the National Assembly.
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