Pensions (Increase) Act

LAWS OF KENYA
THE PENSIONS (INCREASE) ACT
CAP. 190
Revised and published by the National Council for Law Reporting
with the authority of the Attorney-General as gazetted by the Government Printer
www.kenyalaw.org

Kenya
Pensions (Increase) Act
Cap. 190
Legislation as at 31 December 2022
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Share widely and freely.

Pensions (Increase) Act (Cap. 190)
Contents
1. Short title ........................................................................................................................................................................................................... 1
2. Interpretation .................................................................................................................................................................................................... 1
3. Date and rate of pension increase ........................................................................................................................................................... 1
4. Cases where no increase of pension is payable ................................................................................................................................. 2
5. How increase calculated where person in receipt of more than one pension and what proportion payable under
this Act ..................................................................................................................................................................................................................... 2
6.

................................................................................................................................................. 2
6.

Provisions applicable to increases ........................................................................................................................................................... 2
7. Source of payment of increases ................................................................................................................................................................ 2
8. Pensioner deemed in receipt of pension in certain circumstances .............................................................................................. 3
9. Power to amend First Schedule ................................................................................................................................................................ 3
10. Provision for granting of an allowance in certain cases ............................................................................................................... 3
11. Regulations ...................................................................................................................................................................................................... 3
12. Penalty for false statement, etc.

.............................................................................................................. 3
12. Penalty for false statement, etc.

............................................................................................................................................................. 4
FIRST SCHEDULE [s. 2] ...................................................................................................................................................................................... 4
SECOND SCHEDULE ............................................................................................................................................................................................ 4

.................................................................................................................................................... 4

Pensions (Increase) Act (Cap. 190) Kenya
PENSIONS (INCREASE) ACT
CAP. 190
Assented to on 27 June 1957
Commenced on 1 July 1956
[Amended by Law Reform (Finance) Act, 1961 (Act No. 21 of 1961) on 21 November 1961]
[Amended by Missing Act (Act No. 44 of 1962) on 1 January 1962]
[Amended by Pensions (Increase) (Amendment) Act, 1963 (Act No. 30 of 1963) on 1 January 1963]
[Amended by Kenya (Amendment of laws) (Miscellanous Amendments)
(No. 3) Order, 1964 (Legal Notice 168 of 1964) on 12 December 1963]
[Amended by Pensions (Increase) (Amendment) Act, 1979 (Act No. 4 of 1979) on 1 July 1977]
[Amended by Statute Law (Miscellaneous Amendments) Act, 1985 (Act No. 19 of 1985) on 27 December 1985]
[Amended by Pensions (Increase) (Amendment) Act, 1986 (Act No. 13 of 1986) on 1 July 1986]
[Amended by Pensions (Increase) (Amendment) Act, 1990 (Act No. 3 of 1990) on 1 July 1990]
[Amended by Pensions (Increase) (Amendment) Act, 1996 (Act No. 4 of 1996) on 1 July 1991]
[Amended by Finance Act, 2007 (Act No.

1990) on 1 July 1990]
[Amended by Pensions (Increase) (Amendment) Act, 1996 (Act No. 4 of 1996) on 1 July 1991]
[Amended by Finance Act, 2007 (Act No.

9 of 2007) on 1 July 2005]
[Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
An Act of Parliament to provide for the increase of certain pensions payable in respect of public service
1. Short title
This Act may be cited as the Pensions (Increase) Act. 2. Interpretation
(1) In this Act, unless the context otherwise requires—
"pension" means any pension or other benefit payable by way of periodical payments, but does
not include any gratuity or any sum payable otherwise than by way of periodical payments, and
accordingly the provisions of this Act shall not have effect with respect to any pension which has
been commuted; and, where a part of any pension has been commuted, those provisions shall not
have effect with respect to that part thereof;
"pension authority" means, in relation to any pension, the authority by whom the pension is
payable;
"repealed Ordinance" means the Pensions (Increase) Ordinance, 1951 (repealed);
"specified pension" means a pension or retiring allowance specified in the First Schedule. (2) For the purposes of this Act, a pension payable under the Kenya Defence Forces Act (Cap. 199) or
the Parliamentary Pensions Act (Cap.

st Schedule. (2) For the purposes of this Act, a pension payable under the Kenya Defence Forces Act (Cap. 199) or
the Parliamentary Pensions Act (Cap.

196) shall be deemed to be a pension payable in respect of
public service. [Act No. 44 of 1951, Act No. 30 of 1963, s. 2, Act No. 4 of 1979, s. 2, Act No. 4 of 1996, s. 2.]
3. Date and rate of pension increase
(1) Subject to the provisions of this Act, there shall be paid, with effect from the 1st July, 2005 and on
the 1st July every two years thereafter, on every specified pension together with any other increase
1

aid, with effect from the 1st July, 2005 and on
the 1st July every two years thereafter, on every specified pension together with any other increase
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Pensions (Increase) Act (Cap. 190) Kenya
granted previously, a pension increase at the rate of three per cent of the pension in payment at the
date of the increase:
Provided that no increase shall be payable under this section on—
(a) any specified pension which became payable after the date of the increase where the amount
of the pension is calculated by reference to a salary received on or after such date;
(b) any pension to which the Public Officers’ Pensions (Kenya and United Kingdom) Agreement
Act (No. 18 of 1977), applies. (2) In this section "date of the increase" means the 1st July, 2005, or the 1st July every two years
thereafter, as the case may be. [Act No. 30 of 1963, Act No. 4 of 1979, s. 3, Act No. 19 of 1985, Sch., Act No. 13 of
1986, Sch., Act No. 3 of 1990, s. 2, Act No. 4 of 1996, s. 3, Act No. 9 of 2007, s. 32.]
4.

. 4 of 1979, s. 3, Act No. 19 of 1985, Sch., Act No. 13 of
1986, Sch., Act No. 3 of 1990, s. 2, Act No. 4 of 1996, s. 3, Act No. 9 of 2007, s. 32.]
4.

Cases where no increase of pension is payable
Where the amount of the pension of any person is determined by reference to emoluments which have
been revised in accordance with any arrangements, in force in Kenya or in any other territory, for the
revision of salaries and conditions of service, being arrangements which the Cabinet Secretary for the time
being responsible for Finance may, either generally or in any specific case, declare to be applicable for the
purposes of this section, no increase of his pension shall be payable to that person under this Act:
Provided that, if in the case of such a person his old pension (that is to say, the pension which would have
been payable to him if any such arrangements as aforesaid had not become applicable to him, increased
by any sum which would have been payable to him under the terms of this Act apart from the provisions
of this section) exceeds his new pension (that is to say, the pension payable to him by virtue of any such
revised salary as aforesaid), an increase of pension shall be payable to that person of the amount by which
his old pension exceeds his new pension. 5.

evised salary as aforesaid), an increase of pension shall be payable to that person of the amount by which
his old pension exceeds his new pension. 5.

How increase calculated where person in receipt of more than one pension and what
proportion payable under this Act
Where a person is in receipt of a pension from one or more colonial administrations, or former colonial
administrations, the increase payable under this Act shall be calculated on the aggregate of both or all of
those pensions, and the increase payable on the specified pension shall be that proportion of the increase
payable on both or all of those pensions as the amount of the specified pension bears to the combined
total of both or all of those pensions. [L.N. 168/1964.]
6.

both or all of those pensions as the amount of the specified pension bears to the combined
total of both or all of those pensions. [L.N. 168/1964.]
6.

Provisions applicable to increases
Subject to this Act, any provision made by or under any enactment shall, in so far as it relates to the
apportionment of the cost of a pension between two or more pension authorities or to the manner in
which a pension is to be paid, or to the proof of title to sums payable on account of a pension or in so far
as it prohibits or restricts the assignment or charging of a pension or its application towards the payment
of debts, have effect in relation to any increase payable under this Act as it has effect in relation to the
pension in respect of which the increase is payable. 7. Source of payment of increases
Where any pension is increased under this Act, the cost of the increase shall be defrayed out of moneys
provided by Parliament. [Act No. 21 of 1961, Sch., L.N. 168/1964.]
2

ncreased under this Act, the cost of the increase shall be defrayed out of moneys
provided by Parliament. [Act No. 21 of 1961, Sch., L.N. 168/1964.]
2

Pensions (Increase) Act (Cap. 190) Kenya
8. Pensioner deemed in receipt of pension in certain circumstances
Where under any enactment for the time being in force a pension which is payable to any pensioner is
being paid to some other person, the pensioner shall for the purposes of this Act be deemed to be in
receipt thereof. [L.N. 168/1964, Act No. 21 of 1966, 2nd Sch.]
9. Power to amend First Schedule
The President may by order amend the First Schedule by making any addition thereto. 10.

Act No. 21 of 1966, 2nd Sch.]
9. Power to amend First Schedule
The President may by order amend the First Schedule by making any addition thereto. 10.

Provision for granting of an allowance in certain cases
Where a pension under the Widows’ and Orphans’ Pensions Act, the Asian Widows’ and Orphans’
Pensions Act or the Asian Officers’ Family Pensions Act becomes payable to a beneficiary on or after the
1st January, 1946, and that pension is less than the aggregate of—
(a) the registered pension, if any, in respect of that beneficiary on the 31st December, 1945, together
with the increases which would be payable under the Pensions (Increase) Act, 1945 and 1949 (now
(repealed), the repealed Act and this Act if the pension had become payable on the 31st December,
1945; or
(b) the registered pension, if any, in respect of that beneficiary on the 31st December, 1953, together
with the increases which would be payable under the repealed Act and this Act if the pension had
become payable on the 31st December, 1953; or
(c) the registered pension, if any, in respect of that beneficiary on the 30th June, 1956, together with
the increase which would be payable under this Act if the pension had become payable on the 30th
June, 1956; or
(d) the registered pension, if any, in respect of that beneficiary on the 31st March, 1960, together with
the increase which would be payable under this Act if the pension had become payable on the 31st
March, 1960,
there shall be granted to that beneficiary an allowance equal to the amount of the difference between that
pension and whichever of such aggregates is appropriate.

e granted to that beneficiary an allowance equal to the amount of the difference between that
pension and whichever of such aggregates is appropriate.

[Act No. 7 of 1945, Act No. 33 of 1945, Act No. 54 of 1949, Act No. 44 of 1962, Sch., Act No. 30 of 1963, s. 4.]
11. Regulations
The President may make regulations generally for better carrying out the provisions of this Act, and any
such regulations may, without prejudice to the generality of the foregoing provision, make provision for—
(a) the manner in which claims for an increase of a pension under this Act shall be made, and the
procedure which shall be followed in considering and determining any such claim;
(b) the evidence which shall be required for determining whether and by what amount a pension may
be increased;
(c) delegating to any person or authority the performance, in relation to any particular class of
pensions, of all or any of the functions of any pension authority under this Act;
(d) prescribing anything required to be prescribed under this Act. [L.N. 168/1964.]
3

or any of the functions of any pension authority under this Act;
(d) prescribing anything required to be prescribed under this Act. [L.N. 168/1964.]
3

Pensions (Increase) Act (Cap. 190) Kenya
12. Penalty for false statement, etc. Any person who, for the purpose of obtaining either for himself or any other person any sum payable by
virtue of this Act, knowingly makes any false statement or false representation shall be guilty of an offence
and liable for a fine not exceeding ten thousand shillings or to imprisonment for a term not exceeding
three months or to both. [Act No. 9 of 2007, s. 33.]
FIRST SCHEDULE [s. 2]
PENSIONS WHICH MAY BE INCREASED UNDER THIS ACT
[Act No. 30 of 1963, s. 5, L.N. 168/1964, Act No. 4 of 1979, s. 4.]
1. A pension payable to or in respect of the services of an officer in pursuance of a resolution of the National
Assembly. 2. A pension payable under any of the following laws—
(a) the Pensions Act (Cap. 189);
(b) the Special Pensions Act, 1950;
(c) section 3 of the Special Pensions Act (No. 37 of 1960);
(d) the Widows’ and Orphans’ Pensions Act (Cap. 192);
(e) the Asian Widows’ and Orphans’ Pensions Act (Cap. 193);
(f) the Asian Officers’ Family Pensions Act (Cap. 194);
(g) the Widows’ and Children’s Pensions Act (Cap. 195);
(h) the Kenya Defence Forces Act (Cap. 199). 3.

sian Officers’ Family Pensions Act (Cap. 194);
(g) the Widows’ and Children’s Pensions Act (Cap. 195);
(h) the Kenya Defence Forces Act (Cap. 199). 3.

A retiring allowance payable under the Nursing Sisters (Retiring Allowance) Act (Cap. 195 (1962). SECOND SCHEDULE
REPEALED
Repealed by Act No. 9 of 2007, s. 34. 4