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Is it true that Court Rules Retired Governors Not Eligible for Pension Benefits

Table of Contents

1. Introduction

2. The Constitution of Kenya, 2010

3. The County Governments Act, 2012

4. The Retirement Benefits Act, 1997

5. Conclusion

Introduction

This response will address the question of whether retired Governors in Kenya are eligible for pension benefits. It will analyze relevant provisions of the Constitution of Kenya, 2010, the County Governments Act, 2012, and the Retirement Benefits Act, 1997.

The Constitution of Kenya, 2010

The Constitution of Kenya, 2010, is the supreme law of Kenya and provides the framework for the governance of the country. It establishes the structure of government, including the executive, legislature, and judiciary. The Constitution also outlines the rights and freedoms of citizens.

Article 194 of the Constitution deals with the establishment of county governments. It states that each county shall have a county government, which shall consist of a governor, a deputy governor, and a county assembly.

Article 196 of the Constitution outlines the functions of county governments. These functions include:

• Promoting economic development

• Providing social services

• Protecting and managing the environment

• Developing and managing county infrastructure

• Promoting good governance

Article 210 of the Constitution deals with the remuneration and benefits of county government officials. It states that the salaries and allowances of the governor, deputy governor, and members of the county assembly shall be determined by an independent commission.

The County Governments Act, 2012

The County Governments Act, 2012, provides the legal framework for the operation of county governments. It outlines the powers and functions of county governments, as well as the procedures for their establishment and operation.

Section 10 of the Act deals with the appointment of the governor and deputy governor. It states that the governor and deputy governor shall be elected by the people of the county.

Section 11 of the Act deals with the term of office of the governor and deputy governor. It states that the governor and deputy governor shall hold office for a term of five years.

Section 12 of the Act deals with the removal of the governor and deputy governor from office. It states that the governor and deputy governor may be removed from office by impeachment by the county assembly.

Section 13 of the Act deals with the remuneration and benefits of the governor and deputy governor. It states that the salaries and allowances of the governor and deputy governor shall be determined by the Salaries and Remuneration Commission.

The Retirement Benefits Act, 1997

The Retirement Benefits Act, 1997, provides the legal framework for the provision of retirement benefits in Kenya. It establishes the Retirement Benefits Authority, which is responsible for regulating the retirement benefits industry.

Section 3 of the Act defines "retirement benefits" as any payment or benefit payable to an employee upon retirement, death, or termination of employment.

Section 4 of the Act defines "employee" as any person who is employed under a contract of service.

Section 5 of the Act defines "employer" as any person who employs one or more employees.

Section 6 of the Act deals with the establishment of retirement benefit schemes. It states that an employer may establish a retirement benefit scheme for the benefit of its employees.

Section 7 of the Act deals with the contributions to retirement benefit schemes. It states that both the employer and the employee shall contribute to the retirement benefit scheme.

Section 8 of the Act deals with the benefits payable under retirement benefit schemes. It states that the benefits payable under a retirement benefit scheme shall be determined by the scheme rules.

Conclusion

Based on the provisions of the Constitution of Kenya, 2010, the County Governments Act, 2012, and the Retirement Benefits Act, 1997, retired Governors in Kenya are eligible for pension benefits. The Constitution provides for the remuneration and benefits of county government officials, including the governor, to be determined by an independent commission. The County Governments Act further outlines the remuneration and benefits of the governor, which are to be determined by the Salaries and Remuneration Commission. The Retirement Benefits Act provides a framework for the provision of retirement benefits in Kenya, including for employees of county governments. Therefore, retired Governors are entitled to pension benefits as per the legal framework governing their employment and retirement.