Judges' pension benefits must be responsive to unique nature of their work - CJ Koome

Pension benefits for judges must be responsive to the unique nature of their work, Chief Justice Martha Koome has said.

Koome said this will ensure that the position of judge retains esteem and continues to be attractive to the most meritorious members of the legal profession.

Koome through her X handle raised concern that despite delinking the Judiciary from the civil service, several initiatives have been undertaken to establish a separate pension scheme for judges.

"Despite the efforts, lack of legislative backing has hindered progress over the past 30 years," she said.

Koome said that the Judiciary was historically considered a part of the civil service.

Before significant reforms, it was functioning as a department under the Attorney General’s Chambers.

She said delinking the Judiciary from the civil service in 1993 was aimed at enhancing financial independence acknowledging the unique work conditions of judges.

"It is notable, that other civil servants having transited to the Public Service Superannuation Scheme, but judges and teachers are the only State/public officers remaining within the Pension Act of 1946" Koome said.

Judges have the longest tenure of all state and public officers, given their retirement age at 70 years.

This is even as the Judiciary on Tuesday presented the Judges’ Retirement Benefits Bill, 2024 to the National Treasury.

The bill was presented to treasury officials led by Cabinet Secretary Njuguna Ndung'u.

Koome said that the Judiciary was historically considered a part of the civil service.

Koome said a comparative study conducted by a Taskforce across Commonwealth countries revealed a widespread recognition of the need for a stand-alone pension statute that specifically addresses the unique service conditions of judges.