The high court has ruled that retiring governors and deputy governors at the county level are not entitled to a Defined Benefit Pension Scheme similar to one enjoyed by State officers at the national government level.
This judgement follows Petition No. E272 of 2022, that had been filed by the Council of Governors (COG) against the Salaries and Remuneration Commission (SRC), and determined by Judge L. N. Mugambi, on 25 July 2024, at Milimani Court, Nairobi.
According to a statement by SRC, the proposed Defined Benefit Pension Scheme for governors and deputy governors is neither affordable nor fiscally sustainable.
“If implemented, the proposed scheme would have had a ripple effect on all State officers at both the national and county government levels, leaving little resources for development and service delivery.” SRC said.
Further, the proposed scheme for governors and deputies governors would have been burdensome to the successor governments and generations that must bear the burden of underwriting the cost of a lifetime benefit when the option of gratuity already provides adequate social security.
Additionally, SRC says this would also have meant that each turnover of a governor and deputy governor during each election period would have added to the pool of freshly elected individuals eligible for lifetime pension benefits, hence, straining the public finances.
The salaries commission says, though governors and deputy governors are State officers, it is not automatic that each State officer must be treated in the same way regarding retirement benefits.
“There are peculiarities of the positions, and constitutional and statutory principles that guide such benefits, as determined by SRC under Article 230 of the Constitution of Kenya, 2010, and SRC Act, 2011.” Read the statement.
Therefore, SRC avers that governors and deputy governors are paid a service gratuity at the end of their terms at the rate of 31 per cent of annual basic pay for every year served. Should they desire, an additional option also exists for governors and deputy governors to opt to join a direct contributory benefit scheme.
