Bill seeks return of pensioners to civil service in new law

Retirees could be rehired by the government if Members of Parliament approve new proposals that are likely to stoke controversy given the runaway youth unemployment.

Retired teachers, security officers and medics are among pensioners earmarked for a comeback to the civil service under a proposed law to be considered by the National Assembly.

The mandatory retirement age in public service is 60, and so contentious is the retention in service of those who have attained that age that the President has often been criticised for appointing retirees, mostly politicians, to state corporation jobs. In 2019, the National Assembly passed a law to reduce the retirement age to 55 years, with proponents citing the need to create job opportunities for the youth.

The debate will be revived through the latest Bill, which, although largely addresses the welfare of the elderly to ensure they live a decent life, advocates for rehiring of retirees in critical services like health, national security and education.

The Geriatric Bill, 2021, which seeks to establish a state agency to provide for the wellbeing, safety and security of older members of society, says, the critical services may be expanded through executive discretion to designate “any other service area.”

Public Service Commission

“The Cabinet secretary shall in consultation with the council, the Public Service Commission, independent commissions, state agencies and the Salaries and Remuneration Commission, make regulations for voluntary or non-voluntary post-retirement employment of older members of society, on scaled hours, in the following critical service areas,” reads the Bill sponsored by Kiambu Woman Representative Gathoni Wamuchomba.

Education and health are sectors constantly affected by crippling strikes and, just recently, counties recalled retired medics to keep operations in public hospitals running. The Bill, which is to be introduced in the House, seeks to introduce the National Council for Older Members of Society, which shall be responsible for the provision of care, protection and empowerment of older people.

“The Bill seeks to improve the living conditions of older members of society by providing for their rights to human dignity, safety and security, education, health and equality and non-discrimination,” it reads.

If lawmakers pass the Bill into law, older people will also benefit from home-based care, which will be provided by professionals employed by the government.

However, the proposals on government employment for retirees are likely to generate heated debate given the millions of jobless youth. Some 7.6 million youth, who are eligible for employment, are unemployed, according to the 2021 Kenya National Bureau of Statistics (KNBS) quarterly labour force report.

The Wamuchomba Bill is in contrast to the successful motion by Starehe MP Charles Njagua Kanyi requiring the reduction of the retirement age from 60 to 50 years. Although the House approved the motion, its implementation will require formulation of a Bill to amend the current law that sets the retirement age at 60 years.

In 2009, the retirement age was reviewed upward from 55 years, as the government struggled with the rising pension wage bill.

According to the SRC, the pension bill increased from Sh27.9 billion in the 2013/14 financial year to Sh86.7 in the 2019/20 financial year.

The National Treasury has allocated Sh121 billion in the current financial year to pay pension for civil service retirees.

This pension bill is projected to grow significantly, given the aging civil service workforce.

Sixty per cent of employees are above 40 years and 31 per cent are over 50 years, according to official reports by the Public Service ministry.

Scarcity of staff

High staff turnover and scarcity of staff in priority areas such as medical, legal, research, engineering, mining and science fields are cited for succession gaps in public service.

The proposed legislation to recall retired civil servants may also be seen as an attempt to defer paying pension.

The pressure on the government to pay pension promptly has been stepped up through a Bill seeking to ensure retired civil servants are paid within three months after retirement.

The Pensions Amendment Bill, 2020, currently before Parliament, seeks to cap the waiting period before they start enjoying the monthly pay meant to cushion them from financial difficulties once they exit service.

Debate on the Bill, which seeks to amend the Pensions Act Cap 189 to provide a timeline within which pension shall be payable to an officer, is ongoing.

Among the appointments by President Kenyatta that have sparked controversy was in 2019 when he picked former Vice-President Moody Awori, 91, to chair the Sports, Arts and Social Development Fund.

But the President then defended the decision, saying he had been let down by his youthful appointees.

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