Civil society criticises Judges Retirement Benefits Act 2025, demands amendments or repeal

Added: 2026-05-31

[00:00:00]Civil society groups have cast aspersions on the Judges Retirement Benefit Act of 2025, now calling on its amendment for inclusion of other civil servants in the perks or its complete abolishment.

[00:00:13]NTV's Brian George Otieno attended a public forum discussing this and I'll narrate the true cost of justice.

[00:00:22]>> Under the Judges Retirement Benefits Act 2025, retired judges are entitled to a structured pension payable after retirement and annual pensions increases linked to inflation. The act ties pensions to a judge's pensionable emoluments defined as basic salary and house allowance.

[00:00:40]The exact amount depends on year served, retirement status, and whether the judge was under the old or new scheme. A retired judge qualifying under the act also receives a transport allowance equivalent to 1/7 of the basic salary payable for 120 months. The other benefits drawn from this law is a lifetime medical cover. Retired judges and their spouses receive comprehensive medical cover for life on terms similar to those of serving judges. Under Article 167 (1) of the Constitution of Kenya, the mandatory retirement age for all judges in Kenya is 70 years with an option to take early retirement at any time after attaining the age of 65.

[00:01:24]Retired judges and spouses qualify for diplomatic passports for life and access to government VIP lounges at Kenyan airports. The law applies to judges of the Supreme Court of Kenya, Court of Appeal, the High Court, Employment and Labor Relations Court, and those of the Environment and Land Court.

[00:01:44]>> and what impact will it have in that sector?

[00:01:46]>> Critics argue the benefits are extremely generous and that taxpayers will shoulder long-term costs and perks like diplomatic passports and VIP lounges may be excessive.

[00:01:58]>> If all the >> What we are talking about today or if I just retire, if I just retire today and that is given 41.7 million as retirement benefits.

[00:02:14]So, if any of the judges were supposed to go and retire, the Kenya will pay 8.7 billion to the retirement package of judges.

[00:02:26]Okay?

[00:02:27]>> And >> [clears throat] >> to stop it, we ate that file a constitutional petition or a judicial review where in the High Court.

[00:02:36]>> Currently, there's an amendment to have a 10 million shilling car allowance to judges after every 4 years. If this passes, the taxpayer will shoulder an extra bill of 2.08 billion shillings to cater for the 208 judges.

[00:02:52]What's more disturbing is this law may not be easily reversed as it may have to be presided over by the same judiciary.

[00:03:00]>> So, imagine for a moment that you're a judge and a case challenging your own benefits is up for a ruling before your bench. Would you actually sign off in a ruling that challenges your own benefits?

[00:03:10]>> But I think this time we need to go there and fast tell them all of you are conflicted.

[00:03:16]So, that we push the country to imagine, what do we do when it is the judiciary that is an interested party?

[00:03:26]>> If matatu people, owners and operators, did not go to the streets last Monday, I think we wouldn't be talking about some of the few changes we are seeing right now. So, we we are not going to stop going to the streets because because of police excesses.

[00:03:41]On the other other side, we have other ways of holding police to account. So, we'll balance that. So, we are also going to organize public action against judiciary as part of pressure.

[00:03:52]>> Given the weight of conflict of interest in this matter, these activists and civil society groups say they will sustain pressure through other alternative methods to be able to reverse that phenomenon. Brian George Otieno, NTV, Nairobi.