A new bill tabled in Parliament proposes a generous retirement package for judges, offering pensions, family benefits, medical cover, and diplomatic privileges for those who leave the bench.

The Judges Retirement Benefits Bill, 2025, aims to support retired judges and their families while reinforcing the independence and dignity of the judiciary.

The bill, now at its first reading, states that judges who serve for ten years or more will qualify for a pension after retirement. Those with less than ten years of service will receive a gratuity calculated under existing laws.

Judges in Kenya currently retire at 70, although they may opt to step down after turning 65. The Chief Justice serves a 10-year term but may continue as a Supreme Court judge if that term ends before retirement age.

According to the bill, “The primary objective of this bill is to provide pension and other retirement benefits to judges of superior courts and for connected purposes. This bill has been under development since the late 1990s and marks a significant step toward realising the constitutional principles regarding the judiciary, its independence, and the remuneration and benefits of judges.”

Among the benefits proposed is a monthly transport allowance equivalent to one-seventh of a judge’s basic salary, paid out as a lump sum over 120 months upon retirement.

Retired judges and their spouses will receive medical insurance equivalent to that of active judges. They will also be issued diplomatic passports and granted access to VIP lounges at airports across the country for life.

The proposed law will apply to judges in office when it takes effect, those appointed after it becomes law, and judges who retired after 27 August 2010.

Judges who retire at the mandatory age but served less than ten years will get a gratuity calculated as one-four-hundred-and-eighth of their pensionable pay per completed month, multiplied by five.

Judges removed due to mental or physical incapacity will receive no less than 50 per cent of the pension they would have earned had they stayed until retirement age. This pension will be based on the pay at the time of their removal from office.

If a judge dies before retirement, their spouse will be entitled to 50 per cent of the pension the judge would have received. In the event of a retired judge’s death, the spouse will continue to receive 50 per cent of the pension the judge was earning, but only if the marriage occurred before the judge retired.

If the judge marries after retirement, the spouse will not qualify for the pension.

Where more than one spouse survives the judge, the gratuity will be divided equally among them. If the deceased judge leaves behind children, they too will receive a portion of the pension.

The percentage allocated depends on the number of children: one child gets 12.5 per cent, two receive 25 per cent, three get 37.5 per cent, and four or more children will receive 50 per cent collectively.

However, the bill makes clear that any child born after the judge retires, or from a marriage entered into after retirement, will not be eligible for benefits.

To cater to judges appointed after the bill becomes law, the bill proposes the formation of the Judges’ Retirement Benefits Fund. This will be used to collect and manage contributions toward retirement benefits. A Board of Trustees will oversee the fund’s administration.

Additionally, the Cabinet Secretary will be empowered to determine how children's benefits are shared to ensure their needs are met appropriately.