Laws of Kenya Active 2025Social Protection Act
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LAWS OF KENYA THE SOCIAL PROTECTION ACT NO. 12 OF 2025 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 Social Protection Act Act No. 12 of 2025 Legislation as at 5 August 2025 By Kenya Law and Laws.Africa. Share widely and freely. www.kenyalaw.org | [email protected] FRBR URI: /akn/ke/act/2025/12/eng@2025-08-05 There is no copyright on the legislative content of this document. This PDF copy is licensed under a Creative Commons Attribution NonCommercial ShareAlike 4.0 License (CC BY-NC- SA 4.0). This license enables reusers to distribute, remix, adapt, and build upon the material in any medium or format for noncommercial purposes only, and only so long as attribution is given to the creator. If you remix, adapt, or build upon the material, you must license the modified material under identical terms. CC BY-NC-SA includes the following elements: • BY: credit must be given to the creator. • NC: Only noncommercial uses of the work are permitted. • SA: Adaptations must be shared under the same terms. Share widely and freely. the creator. • NC: Only noncommercial uses of the work are permitted. • SA: Adaptations must be shared under the same terms. Share widely and freely. Social Protection Act (Act No. 12 of 2025) Contents Part I – PRELIMINARY ....................................................................................................................................................................................... 1 1. Short title .................................................................................................................................................................................................... 1 2. Interpretation ............................................................................................................................................................................................. 1 3. Objects of the Act .................................................................................................................................................................................... 2 4. Scope of the Act ....................................................................................................................................................................................... 2 5. ................................................................................................................................................. 2 5. Guiding principles .................................................................................................................................................................................... 2 6. Role of county governments ................................................................................................................................................................ 2 Part II – THE NATIONAL BOARD FOR SOCIAL PROTECTION .............................................................................................................. 3 7. Establishment of the Board .................................................................................................................................................................. 3 8. Functions of the Board. ......................................................................................................................................................................... 3 9. Powers of the Board ............................................................................................................................................................................... 4 10. ................................................................................................................................................ 4 10. Composition of the Board .................................................................................................................................................................. 4 11. Qualification of Board memebers .................................................................................................................................................... 4 12. Tenure of office ...................................................................................................................................................................................... 5 13. Vacancy ...................................................................................................................................................................................................... 5 14. The Chief Executive Officer ............................................................................................................................................................... 5 15. Removal of the Chief Executive Officer ........................................................................................................................................ 6 16. Officer ........................................................................................................................................ 6 16. Committees of the Board ................................................................................................................................................................... 6 17. Remuneration of members of the Board ...................................................................................................................................... 6 18. Conduct of business and affairs of the Board ............................................................................................................................ 6 19. Staff of the Board ................................................................................................................................................................................. 6 20. Delegation of powers of the Board ................................................................................................................................................ 7 21. Seal of the Board. ................................................................................................................................................................................. 7 22. ................................................................................................................................................ 7 22. Protection from personal liability ................................................................................................................................................... 7 23. Funds of the Board ............................................................................................................................................................................... 7 24. Financial year .......................................................................................................................................................................................... 7 25. Annual estimates ................................................................................................................................................................................... 7 26. Books of account ................................................................................................................................................................................... 8 27. ................................................................................................................................................ 8 27. Annual Report ......................................................................................................................................................................................... 8 Part III – ADMINISTRATION OF SOCIAL PROTECTION .......................................................................................................................... 8 28. Provision of social protection to persons in need .................................................................................................................... 8 29. Social protection benefits .................................................................................................................................................................. 8 30. Eligibility for social protection ......................................................................................................................................................... 9 31. Application for social protection ..................................................................................................................................................... 9 .................................................................................................................................................... 9 32. Review of decisions of the Board ................................................................................................................................................... 9 33. Appeals ...................................................................................................................................................................................................... 9 34. Rights and obligations of a beneficiary ........................................................................................................................................ 9 35. Abuse of social protection benefits. ............................................................................................................................................ 10 36. Termination of social protection benefits .................................................................................................................................. 10 37. Refund to the Board ........................................................................................................................................................................... 10 38. ............................................................................................................................................... 10 38. Review of social protection benefits ........................................................................................................................................... 11 39. Indexation of social protection benefits. ................................................................................................................................... 11 40. Social Protection Registry ................................................................................................................................................................ 11 41. Data handling ....................................................................................................................................................................................... 11 Part IV – OFFENCES ......................................................................................................................................................................................... 11 42. Obstruction ............................................................................................................................................................................................ 11 43. ............................................................................................................................................... 11 43. Giving false information ................................................................................................................................................................... 12 44. Unlawful disclosure of information ............................................................................................................................................. 12 45. Fraud ........................................................................................................................................................................................................ 12 46. Misappropriation of funds ............................................................................................................................................................... 12 Part V – MISCELLANEOUS PROVISIONS ................................................................................................................................................... 12 47. Social Protection Fund ...................................................................................................................................................................... 12 48. ............................................................................................................................................... 12 48. Regulations ............................................................................................................................................................................................ 12 Part VI – REPEAL, SAVING AND TRANSITION PROVISIONS .............................................................................................................. 13 49. Repeal of Cap. 258A .......................................................................................................................................................................... 13 50. Transition of staff ................................................................................................................................................................................ 13 51. Obligations and liabilities ............................................................................................................................................................... 13 52. Reference to the Directorate of Social Assistance or the National Social Protection Secretariat ........................... 13 53. ............ 13 52. Reference to the Directorate of Social Assistance or the National Social Protection Secretariat ........................... 13 53. Vesting of assets ................................................................................................................................................................................. 13 54. Legal proceedings ............................................................................................................................................................................... 13 55. Directions, orders and authorizations ......................................................................................................................................... 14 56. Transition of social assistance benefits, programmes and beneficiaries ........................................................................ 14 SCHEDULE [s. 18] .............................................................................................................................................................................................. 14 ................................................................................................................................................... 14 Social Protection Act (Act No. 12 of 2025) Kenya SOCIAL PROTECTION ACT NO. 12 OF 2025 Published in Kenya Gazette on 5 August 2025 Assented to on 30 July 2025 Commenced on 19 August 2025 AN ACT of Parliament to provide a framework for the administration of non-contributory social protection interventions; to establish the National Board for Social Protection and for connected purposes Part I – PRELIMINARY 1. Short title This Act may be cited as the Social Protection Act, 2025. 2. oard for Social Protection and for connected purposes Part I – PRELIMINARY 1. Short title This Act may be cited as the Social Protection Act, 2025. 2. Interpretation In this Act, unless the context otherwise requires— "beneficiary" means a person or household that is benefitting from a social protection benefit; "Board" means the National Board for Social Protection established under section 7; "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to social protection; "caregiver" means a person who tends to the needs or concerns of a— (a) child; or (b) person who is not fully independent due to short-term or long-term limitations, including ageing, illness, injury or disability; "cash transfer" means a regular and predictable disbursement of money by the Board to an individual, family or household; "child" has the meaning assigned to it in Article 260 of the Constitution; "complementary programme" means a social protection intervention that is designed to work alongside existing social protection initiatives and is aimed at promoting the skills, knowledge or qualifications of a person in order to facilitate sustainable livelihoods, enhance resilience and build socio-economic assets; "life cycle approach" means supporting a vulnerable person or household to meet their development needs during various stages of life; "non-contributory social protection" means a social protection intervention where eligibility to a benefit is not conditional on the payment of contributions by the beneficiary or by another party on behalf of the beneficiary; "older member of society" means a person who has attained the age of sixty years; "orphan" has the meaning assigned to it under section 2 of the Children Act (Cap. of society" means a person who has attained the age of sixty years; "orphan" has the meaning assigned to it under section 2 of the Children Act (Cap. 141); "Registry" means the Social Protection Registry established under section 40; "right-based approach" means anchoring social protection interventions, plans, policies and programmes in a system of rights and corresponding obligations established by international and national laws while 1 terventions, plans, policies and programmes in a system of rights and corresponding obligations established by international and national laws while 1 Social Protection Act (Act No. Social Protection Act (Act No. 12 of 2025) Kenya taking into account the principles of objectivity, transparency, participation, socio-economic inclusion, accountability, non-discrimination, equality, empowerment and legality; "shock" means a slow or rapid onset of high-impact ecological, environmental, economic or social disturbance that affects the well-being or socio-economic condition of an individual, household or any segment of the population; "social assistance" means any financial assistance or social care service granted to a poor or vulnerable person or household; "social care service" means any form of personal care or other practical assistance provided to a vulnerable person who needs extra support; "socio-economic inclusion" means equal and equitable access to opportunities and participation in economic and social life for all members of the society which reduces disparity and create a more equitable and cohesive community; "social protection" means non-contributory measures aimed at preventing and mitigating economic and social vulnerabilities to poverty, risks, contingencies and shocks experienced throughout the life cycle of a person; "targeting" means the process of identifying and selecting a person, family, household or group of people eligible to receive social protection benefits based on the criteria prescribed under this Act; "vulnerability" means the likelihood of suffering from current or future deterioration in the standard of living, which may result in socially unacceptable outcomes such as poverty, inability to meet basic needs or inability to invest in human capital development; and "vulnerable child" has the meaning assigned to it under section 2 of the Children Act (Cap. s or inability to invest in human capital development; and "vulnerable child" has the meaning assigned to it under section 2 of the Children Act (Cap. 141). 3. Objects of the Act The objects of this Act are to— (a) cushion persons in need against risks and contingencies; (b) build human capital capabilities and resilience of persons in need; and (c) promote the well-being of persons in need. 4. Scope of the Act This Act shall apply to non-contributory social protection. 5. Guiding principles The implementation of this Act shall be guided by the following principles— (a) equity, social justice, inclusiveness, non-discrimination and participatory governance; (b) promotion of a rights-based approach to the delivery of social protection interventions; (c) adequacy, accessibility and sustainability of social protection interventions; (d) evidence based social protection programming; and (e) life-cycle approach to social protection. 6. Role of county governments In the administration and provision of social protection, a county government shall— (a) implement national government policies on social protection through county-specific legislation and strategies; 2 tion, a county government shall— (a) implement national government policies on social protection through county-specific legislation and strategies; 2 Social Protection Act (Act No. 12 of 2025) Kenya (b) allocate resources for social protection interventions at the county level; (c) collaborate with the national Government in the provision of social protection interventions; (d) develop an interoperable county registry for social protection; and (e) develop civic education and public participation strategies on social protection in line with the County Governments Act (Cap. 265). Part II – THE NATIONAL BOARD FOR SOCIAL PROTECTION 7. Establishment of the Board (1) There is established a board to be known as the National Board for Social Protection. (2) The Board shall be a body corporate with perpetual succession and a common seal, and shall in its corporate name be capable of— (a) suing and being sued; (b) entering into contracts; (c) acquiring, holding, charging and disposing of movable and immovable property; and (d) doing or performing all such other things or acts as may lawfully be done or performed by a body corporate. 8. Functions of the Board. operty; and (d) doing or performing all such other things or acts as may lawfully be done or performed by a body corporate. 8. Functions of the Board. The functions of the Board shall be to— (a) advise the Cabinet Secretary on matters relating to social protection; (b) design, implement, monitor and evaluate social protection interventions and programmes; (c) provide social assistance and social care to vulnerable persons; (d) coordinate social protection interventions, services and programmes; (e) foster collaboration in the implementation of social protection interventions among government ministries, departments, and agencies; (f) establish and maintain a social protection registry and ensure continuous collection and disaggregation of data; (g) facilitate data sharing and interoperability among different social protection information systems in collaboration with relevant social protection agencies; (h) undertake civic education on social protection; (i) promote a community of practice for social protection as a knowledge-sharing platform; (j) periodically undertake indexation of social assistance benefits in collaboration with the National Treasury; (k) undertake resource mobilisation for purposes of this Act; (l) undertake periodic research to inform policy and programme interventions; and (m) perform any other function conferred on it by any written law. ; (l) undertake periodic research to inform policy and programme interventions; and (m) perform any other function conferred on it by any written law. 3 3 Social Protection Act (Act No. 12 of 2025) Kenya 9. Powers of the Board (1) The Board shall have all the powers necessary for the performance of its functions under this Act and in particular, but without prejudice to the generality of the foregoing, the Board shall have power to— (a) cooperate and collaborate with other public or private entities and regional and international organisations in the enforcement of this Act; and (b) obtain professional assistance or advice from any person or organisation as it considers appropriate. (2) Despite subsection (1), nothing in this Act confers upon the Board the power to perform functions that are under the mandate of other government ministries, departments, trusts or agencies. 10. confers upon the Board the power to perform functions that are under the mandate of other government ministries, departments, trusts or agencies. 10. Composition of the Board The Board shall consist of— (a) a Chairperson appointed by the President; (b) the Principal Secretary for the time being responsible for matters relating to social protection or their representative designated in writing; (c) the Principal Secretary for the time being responsible for matters relating to children or their representative designated in writing; (d) the Principal Secretary to the National Treasury or their representative designated in writing; (e) one person nominated by the Council of County Governors; (f) four persons not being public officers, appointed by the Cabinet Secretary as follows— (i) one person nominated by the most representative federation of trade unions by virtue of knowledge and experience in matters relating to social protection; (ii) one person nominated by the most representative federation of employers' organizations by virtue of knowledge and experience in matters relating to social protection; (iii) one person with disability nominated by organisations of persons with disabilities by virtue of knowledge and experience in matters relating to social protection; (iv) one older member of society nominated by organisations of older members of society by virtue of knowledge and experience in matters relating to social protection; and (g) the Chief Executive Officer of the Board. r members of society by virtue of knowledge and experience in matters relating to social protection; and (g) the Chief Executive Officer of the Board. 11. Qualification of Board memebers (1) A person qualifies for appointment as the Chairperson if the person— (a) is a citizen of Kenya; (b) possesses a post-graduate degree from a university or academic institution recognised in Kenya; (c) has at least fifteen years' experience in social protection; (d) has at least ten years' experience in a management position in the public or private sector; (e) meets the requirements of Chapter Six of the Constitution; and (f) is not serving in the public service. 4 sition in the public or private sector; (e) meets the requirements of Chapter Six of the Constitution; and (f) is not serving in the public service. 4 Social Protection Act (Act No. 12 of 2025) Kenya (2) A person qualifies for appointment as a member of the Board under section (10)(1)(f) if the person — (a) is a citizen of Kenya; (b) possesses a degree from a university recognised in Kenya; (c) has at least ten years' experience in social protection; (d) meets the requirements of Chapter Six of the Constitution; and (e) is not a public officer. (4) The Cabinet Secretary shall when appointing members of the Board— (a) have regard to the ethnic and regional diversity of the people of Kenya; (b) ensure that not more than two-thirds of the members of the Board are of the same gender; (c) take into account the national values and principles set out in Article 10 of the Constitution; and (d) stagger the period of appointment to ensure continuity of membership and corporate knowledge of the Board. 12. Tenure of office The Chairperson and every member appointed under section (10)(1)(f) shall hold office for a period of three years and shall be eligible for re-appointment for a further and final term of three years. 13. ion (10)(1)(f) shall hold office for a period of three years and shall be eligible for re-appointment for a further and final term of three years. 13. Vacancy The office of the Chairperson or a member of the Board shall become vacant if the holder— (a) dies; (b) resigns from office by notice in writing addressed to the appointing authority; or (c) is removed from office on any of the following grounds that the office holder— (i) has been adjudged bankrupt or has entered into a composition scheme or arrangement with his creditors; (ii) has been absent from three consecutive meetings of the Board without permission of the Board; (iii) is otherwise unable or unfit to discharge the functions of the office; (iv) contravenes Chapter Six of the Constitution; (v) has been convicted of a criminal offence and sentenced to imprisonment for a term exceeding six months; or (vi) is incapacitated by prolonged physical or mental illness. 14. The Chief Executive Officer (1) There shall be a Chief Executive Officer of the Board who shall be appointed by the Board through an open, transparent and competitive process on such terms and conditions as the Board shall determine, in consultation with Salaries and Remuneration Commission. (2) The Chief Executive Officer shall— (a) have no right to vote at any meeting of the Board; 5 onsultation with Salaries and Remuneration Commission. (2) The Chief Executive Officer shall— (a) have no right to vote at any meeting of the Board; 5 Social Protection Act (Act No. 12 of 2025) Kenya (b) be responsible for executing decisions of the Board; (c) be responsible for the day-to-day administration and management of the affairs of the Board; (d) be the custodian of all the records of the Board; (e) be responsible for the organisation, control and management of the members of staff of the Board; and (f) perform such other duties as may be assigned by the Board. (3) A person qualifies for appointment as the Chief Executive Officer if the person— (a) is a citizen of Kenya; (b) holds a post-graduate degree in a relevant field from a university or academic institution recognized in Kenya; (c) has at least ten years' experience in the social protection sector; (d) has at least ten years' experience in senior management in a public or a private institution; and (e) meets the requirements of Chapter Six of the Constitution. (4) The Chief Executive Officer shall be appointed for a term of three years and shall be eligible for re- appointment for one further and final term of three years. 15. tive Officer shall be appointed for a term of three years and shall be eligible for re- appointment for one further and final term of three years. 15. Removal of the Chief Executive Officer The Chief Executive Officer may be removed from office in accordance with the terms and conditions of service stipulated in the appointing instrument. 16. Committees of the Board (1) The Board may establish such committees as it may consider necessary to assist it in the performance of its functions and the exercise of any of its powers. (2) Any decision that is made by a committee established under subsection (1) shall be ratified by the Board. 17. Remuneration of members of the Board The Chairperson and members of the Board shall be paid such allowances and reimbursements for such expenses incurred in the performance of Board functions as may be approved by the Cabinet Secretary, on the advice of the Salaries and Remuneration Commission. 18. Conduct of business and affairs of the Board (1) The conduct and regulation of the business and affairs of the Board shall be as provided in the Schedule. (2) Except as provided in the Schedule, the Board may regulate its own procedure. 19. s and affairs of the Board shall be as provided in the Schedule. (2) Except as provided in the Schedule, the Board may regulate its own procedure. 19. Staff of the Board The Board may appoint such number of staff of the Board as it may consider necessary for the discharge of the functions of the Board, on such terms and conditions as the Board may determine, upon the advice of the Salaries and Remuneration Commission. 6 of the functions of the Board, on such terms and conditions as the Board may determine, upon the advice of the Salaries and Remuneration Commission. 6 Social Protection Act (Act No. 12 of 2025) Kenya 20. Delegation of powers of the Board The Board may by resolution, either generally or in any particular case, delegate to any committee of the Board or to any member, officer, employee or agent of the Board, the exercise of any of the powers or the performance of any of the functions of the Board under this Act. 21. Seal of the Board. (1) The common seal of the Board shall be kept in the custody of the Chief Executive Officer or such other person as the Board may direct and shall not be used except upon the order of the Board. (2) The common seal of the Board shall be authenticated by the signature of the Chairperson of the Board or the Chief Executive Officer. (3) Despite subsection (2), the Board shall, in the absence of either the Chairperson or the Chief Executive Officer, in any particular matter nominate one member of the Board to authenticate the seal of the Board on behalf of either the Chairperson or the Chief Executive Officer. ular matter nominate one member of the Board to authenticate the seal of the Board on behalf of either the Chairperson or the Chief Executive Officer. (4) The common seal of the Board shall, when affixed to a document and duly authenticated, be judicially and officially noticed and unless the contrary is proven, any order or authorization by the Board under this section shall be presumed to have been duly given. 22. Protection from personal liability (1) Nothing done by a member of the Board or by any officer, employee or agent of the Board shall, if done in good faith for the purpose of executing the powers or functions of the Board under this Act, render such member, officer, employee or agent personally liable for any action, claim or demand. (2) The provisions of subsection (1) shall not relieve the Board of the liability to pay compensation or damages to any person for any injury to him, his property or any of his interests caused by the exercise of any power conferred by this Act or any other written law or by the failure, whether wholly or partially, of any works. 23. s caused by the exercise of any power conferred by this Act or any other written law or by the failure, whether wholly or partially, of any works. 23. Funds of the Board The funds of the Board shall comprise of— (a) such monies as may be appropriated by the National Assembly for purposes of the Board; (b) such monies as may accrue to or vest in the Board in the course of the exercise of its powers or the performance of its functions under this Act; (c) any gifts, grants, donations or endowments that are lawfully given to the Board for purposes of social protection; and (d) any monies received from any other lawful source as the Cabinet Secretary for the National Treasury may approve. 24. Financial year The financial year of the Board shall be the period of twelve months ending on the thirtieth of June in every year. 25. Annual estimates The annual estimates of the Board shall be prepared and approved in accordance with the Public Finance Management Act (Cap. 412A). 7 Annual estimates The annual estimates of the Board shall be prepared and approved in accordance with the Public Finance Management Act (Cap. 412A). 7 Social Protection Act (Act No. 12 of 2025) Kenya 26. Books of account (1) The Board shall cause to be kept all proper books and records of account relating to the income, expenditure, assets and liabilities of the Board. (2) The accounts of the Board shall be prepared and audited in accordance with the Public Finance Management Act (Cap. 412A) and the Public Audit Act (Cap. 412B). 27. Annual Report (1) The Board shall, within three months after the end of each financial year, prepare and submit to Parliament, through the Cabinet Secretary, a report on the status of social protection in Kenya and the operations of the Board during that financial year. (2) The Cabinet Secretary shall cause the annual report to be published and publicised. Part III – ADMINISTRATION OF SOCIAL PROTECTION 28. Provision of social protection to persons in need (1) The Board shall, in accordance with this Act, provide social protection to persons in need. (2) The Cabinet Secretary shall, in consultation with the Board, determine the categories of persons in need through a notice published in the Gazette. 2) The Cabinet Secretary shall, in consultation with the Board, determine the categories of persons in need through a notice published in the Gazette. (3) Notwithstanding subsection (2), persons in need shall include— (a) orphans or vulnerable children; (b) poor older members of society; (c) persons with disabilities; (d) persons in extreme poverty; (e) persons affected by shocks; and (f) unpaid, deficient and unsupported caregivers. 29. Social protection benefits The Board shall provide the following social protection benefits under this Act— (a) social assistance which shall include— (i) cash transfers; and (ii) transfers in kind; (b) social care services which shall include— (i) rehabilitation services; (ii) psychosocial support; (iii) respite care services; (iv) feeding programmes; (v) homebased care; (vi) programmes aimed at promoting skills, knowledge and qualifications of a person; and 8 care services; (iv) feeding programmes; (v) homebased care; (vi) programmes aimed at promoting skills, knowledge and qualifications of a person; and 8 Social Protection Act (Act No. 12 of 2025) Kenya (vii) essential drugs, personal care goods and assistive devices. 30. Eligibility for social protection A person is eligible for the appropriate social protection benefit under this Act, if the person— (a) is a Kenyan citizen; (b) is a non-Kenyan citizen in an emergency situation; (c) falls within the categories of beneficiaries specified in section 28; and (d) complies with any requirements or conditions prescribed by the Cabinet Secretary in regulations including income thresholds, means testing, age limits, health status, disabilities and care dependency. 31. Application for social protection (1) A beneficiary or his representative may apply to the Board for a social protection benefit. (2) The Board shall upon receiving an application made under subsection (1) conduct an assessment to verify that the applicant is eligible for the social protection benefit applied for. (3) If the applicant qualifies for a social protection benefit as provided for under this Act, the Board shall register the applicant as a beneficiary and render the appropriate social protection benefit. benefit as provided for under this Act, the Board shall register the applicant as a beneficiary and render the appropriate social protection benefit. (4) If the applicant does not qualify for a social protection benefit provided under this Act, the Board shall inform the applicant of the decision. (5) The Board shall convey its decision to the applicant in writing within sixty days of receiving an application. 32. Review of decisions of the Board (1) An applicant who is aggrieved by the decision of the Board may apply to the Board for review of its decision within fourteen days from the date of the decision. (2) The Board may establish a committee comprising not more than five of its members to consider reviews under this section. (3) The Board may, upon review of its decision, uphold, annul or vary the decision as necessary. 33. Appeals An applicant who is aggrieved by the decision of the Board may appeal in the first optional instance, to the Cabinet Secretary or to the High Court within thirty days of the decision. 34. decision of the Board may appeal in the first optional instance, to the Cabinet Secretary or to the High Court within thirty days of the decision. 34. Rights and obligations of a beneficiary (1) A beneficiary of a social protection benefit under this Act has the right to— (a) information on the available social protection interventions and the eligibility criteria; (b) provide informed consent for the collection of his personal data for the purpose of providing social protection benefits under this Act; (c) be treated with dignity and without any form of discrimination; and (d) have his complaints and grievances handled by the Board in an expeditious, efficient, lawful, reasonable and procedurally fair manner. 9 tion; and (d) have his complaints and grievances handled by the Board in an expeditious, efficient, lawful, reasonable and procedurally fair manner. 9 Social Protection Act (Act No. 12 of 2025) Kenya (2) A beneficiary of a social protection benefit under this Act has the duty to— (a) provide accurate information to the Board; (b) act in good faith and use any social protection benefit responsibly and for the intended purpose; (c) promptly notify the Board of any changes in his socio-economic circumstances that may affect his eligibility for the social protection benefit; and (d) comply with any conditions that may be imposed in relation to the provision of a social protection benefit. 35. Abuse of social protection benefits. (1) The Board may, if in its opinion a beneficiary or the representative of a beneficiary uses any social protection benefit in a way that negates its intended purpose— (a) suspend the provision of the social protection benefit for a specified period, pending investigation and determination of the matter; or (b) appoint another person to receive the social protection benefit on behalf of the beneficiary and to apply it, subject to any conditions that the Board may determine, for the benefit of the beneficiary. tion benefit on behalf of the beneficiary and to apply it, subject to any conditions that the Board may determine, for the benefit of the beneficiary. (2) A person who abuses a social protection benefit commits an offence and shall on conviction, be liable to a fine not exceeding one hundred thousand shillings or imprisonment for a term of not exceeding one year or to both. 36. Termination of social protection benefits (1) The Board may terminate the provision of a social protection benefit granted to a beneficiary if the beneficiary— (a) is absent from Kenya, for a continuous period of twelve months or longer without notification; (b) is no longer eligible for the social protection benefit; (c) ceases to be a Kenyan resident; (d) voluntarily opts out; (e) knowingly provides false information or in case of misrepresentation, deceit or fraud; (f) the Board determines that the beneficiary is no longer in need of the social protection benefit; or (g) any other circumstances that the Cabinet Secretary may prescribe in regulations. 37. ary is no longer in need of the social protection benefit; or (g) any other circumstances that the Cabinet Secretary may prescribe in regulations. 37. Refund to the Board (1) Where the Board erroneously pays money to a person who is not entitled to social protection under this Act or the payment to a beneficiary exceeds the amount permitted by the Board and regulations made under this Act- (a) the person shall refund the amount of money so paid or, if the person is deceased, his estate shall refund the money; or (b) the excess amount of money paid shall be deducted in the subsequent payment made to the beneficiary. 10 sed, his estate shall refund the money; or (b) the excess amount of money paid shall be deducted in the subsequent payment made to the beneficiary. 10 Social Protection Act (Act No. 12 of 2025) Kenya (2) The Board may institute recovery proceedings against any person who receives money from the Board under the circumstances specified in subsection (1). 38. Review of social protection benefits The Board may review the nature and extent of a social protection benefit provided to a beneficiary if it has reason to believe that a change in the socio-economic circumstances of the beneficiary may necessitate adjustments to the social protection benefit provided. 39. Indexation of social protection benefits. The Board may, in consultation with the National Treasury, periodically review the social assistance benefits provided under this Act to accommodate changes in real value. 40. Social Protection Registry (1) The Board shall establish a Social Protection Registry which shall be the singular database social protection interventions under this Act. gistry (1) The Board shall establish a Social Protection Registry which shall be the singular database social protection interventions under this Act. (2) The Registry shall— (a) be used to maintain an inventory for vulnerable individuals and households in the country; (b) provide a platform for applicants to apply for social protection; (c) facilitate the selection and registration of beneficiaries for social protection interventions; (d) facilitate the coordination of social protection interventions at the national and county levels of government; (e) facilitate the monitoring and evaluation of social protection interventions; (f) provide data of vulnerable households in the event of shocks or emergencies; and (g) facilitate linkage and referral mechanisms for social protection interventions. (3) The Register shall contain such particulars as may be prescribed in regulations. (4) The Board shall— (a) keep, maintain, and regularly update the Register; (b) undertake periodic registration of beneficiaries; and (c) facilitate real-time updating of changes in household data through interoperability with the other national registries. 41. Data handling Any person who is involved in the handling of data under this Act shall comply with the Data Protection Act (Cap. 411C). Part IV – OFFENCES 42. ndling Any person who is involved in the handling of data under this Act shall comply with the Data Protection Act (Cap. 411C). Part IV – OFFENCES 42. Obstruction A person who obstructs, hinders or threatens an officer performing functions or exercising the powers conferred under this Act commits an offence and shall on conviction, be liable to a fine not exceeding one hundred thousand shillings or imprisonment for a term not exceeding one year or to both. 11 shall on conviction, be liable to a fine not exceeding one hundred thousand shillings or imprisonment for a term not exceeding one year or to both. 11 Social Protection Act (Act No. 12 of 2025) Kenya 43. Giving false information A person who knowingly gives false information to the Board or misleads an officer of the Board acting under this Act commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand shillings or imprisonment for a term not exceeding one year or to both. 44. Unlawful disclosure of information A person who unlawfully divulges details of a beneficiary or any information obtained under this Act in relation to a beneficiary commits an offence and is liable, on conviction, to a fine not exceeding two hundred thousand shillings or imprisonment for a term not exceeding six months or to both. 45. Fraud Any person who defrauds the Board or conspires, aids or abets another person to defraud the Board commits an offence and shall, on conviction, be liable, to a fine not exceeding two million shillings or to imprisonment for a term not exceeding five years or to both, and any money or property or reward obtained fraudulently shall be forfeited to the Board. 46. sonment for a term not exceeding five years or to both, and any money or property or reward obtained fraudulently shall be forfeited to the Board. 46. Misappropriation of funds A person who misappropriates any funds or assets of the Board, or assists or causes any person to misappropriate or apply the funds otherwise than in the manner provided in this Act, commits an offence and shall, on conviction, be liable to a fine not exceeding one million shillings or imprisonment for a term not exceeding five years or to both. Part V – MISCELLANEOUS PROVISIONS 47. Social Protection Fund The Cabinet Secretary responsible for the National Treasury shall, pursuant to section 24 of the Public Finance Management Act (Cap. 412A), establish a Social Protection Fund to facilitate the implementation of this Act. 48. Regulations (1) The Cabinet Secretary may make regulations prescribing anything which under this Act may be prescribed, and generally for the better carrying out of the provisions of this Act. make regulations prescribing anything which under this Act may be prescribed, and generally for the better carrying out of the provisions of this Act. (2) Without prejudice to the generality of the powers conferred by subsection (1) the regulations may prescribe — (a) forms to be used under this Act; (b) eligibility criteria for social protection benefits; (c) the classification of persons in need of social protection; (d) the terms and conditions under which social protection benefits may be granted; (e) the norms and standards for the provision of social protection benefits; (f) the manner in which registers shall be maintained under this Act, including the details or particulars required to be entered in the registers; (g) the protocols and methodologies for targeting beneficiaries; (h) the protocols and methodologies for the graduation of beneficiaries of social protection to self-sufficiency; 12 gies for targeting beneficiaries; (h) the protocols and methodologies for the graduation of beneficiaries of social protection to self-sufficiency; 12 Social Protection Act (Act No. 12 of 2025) Kenya (i) grievance handling and case management procedures; (j) exit criteria for social protection interventions; and (k) the manner of appointment of representatives by beneficiaries or by the Board. Part VI – REPEAL, SAVING AND TRANSITION PROVISIONS 49. Repeal of Cap. 258A The Social Assistance Act is repealed. 50. Transition of staff (1) Every person who, immediately before the coming into force of this Act, was an officer or member of staff of the Directorate of Social Assistance or the National Social Protection Secretariat, not being under a notice of dismissal or resignation, shall upon the commencement of this Act become an officer or staff of the Board. (2) Despite subsection (1), an officer or member of staff referred to in subsection (1) shall upon the commencement of this Act, be given an option to elect to serve in the Board or be redeployed in the Public Service within a period of one year. 51. he commencement of this Act, be given an option to elect to serve in the Board or be redeployed in the Public Service within a period of one year. 51. Obligations and liabilities (1) Any obligation or liability subsisting against the Directorate of Social Assistance or the National Social Protection Secretariat immediately before the coming into force of this Act shall, on the commencement of this Act, be an obligation or liability of the Board. (2) All rights, obligations and contracts which, immediately before the coming into operation of this Act, were vested in or imposed on the Directorate of Social Assistance or the National Social Protection Secretariat shall, by virtue of this section, be deemed to be the rights, obligations and contracts of the Board. 52. Reference to the Directorate of Social Assistance or the National Social Protection Secretariat Any reference to the Directorate of Social Assistance or the National Social Protection Secretariat in any law or in any contract, document or instrument of whatever nature shall, on the commencement of this Act, be read and construed as a reference to the Board. 53. any contract, document or instrument of whatever nature shall, on the commencement of this Act, be read and construed as a reference to the Board. 53. Vesting of assets Upon the commencement of this Act, all funds, assets, and movable and immovable property, which, immediately before the commencement of this Act, were vested in the former Directorate or the former Secretariat, shall vest in the Board. 54. Legal proceedings Upon the commencement of this Act, any action, suit or legal proceedings whatsoever pending by or against the Directorate of Social Assistance or the National Social Protection Secretariat shall be carried on or prosecuted by or against the Board, and no such action, suit or legal proceedings shall in any manner abate or be prejudicially affected by the enactment of this Act. 13 ainst the Board, and no such action, suit or legal proceedings shall in any manner abate or be prejudicially affected by the enactment of this Act. 13 Social Protection Act (Act No. 12 of 2025) Kenya 55. Directions, orders and authorizations Any direction, order, authorization, license or permit issued, or registrations made by the Directorate of Social Assistance or the National Social Protection Secretariat and subsisting or valid immediately before the date of commencement of this Act shall be deemed to have been given, issued or made by the Board under this Act. 56. Transition of social assistance benefits, programmes and beneficiaries (1) Any social assistance benefit or programme which was provided or implemented by the Directorate of Social Assistance immediately before the commencement of this Act, shall continue to be provided or implemented by the Board. (2) A beneficiary of social assistance benefit or programme provided or implemented by the Directorate of Social Assistance immediately before the commencement of this Act shall be deemed to be a beneficiary under this Act. SCHEDULE [s. 18] CONDUCT OF BUSINESS AND AFFAIRS OF THE BOARD 1. fore the commencement of this Act shall be deemed to be a beneficiary under this Act. SCHEDULE [s. 18] CONDUCT OF BUSINESS AND AFFAIRS OF THE BOARD 1. Meetings (1) The Board shall meet not less than four times in every financial year, and not more than four months shall elapse between the date of one meeting and the date of the next meeting. (2) Notwithstanding the provisions of subparagraph (1), the Chairperson shall, upon requisition in writing by at least three members of the Board, convene a special meeting of the Board within fourteen days of receipt of the requisition. (3) Unless three quarters of the total members of the Board otherwise agree, at least fourteen days' written notice of every meeting of the Board shall be given to every member of the Board. (4) The quorum for the conduct of the business, of the Board shall be five. (5) The Chairperson shall preside at every meeting of the Board at which he is present but, in the absence of the Chairperson, the members present shall elect one of their numbers to preside, who shall, with respect to that meeting and the business transacted, have all the powers of the chairperson. ll elect one of their numbers to preside, who shall, with respect to that meeting and the business transacted, have all the powers of the chairperson. (6) Unless a unanimous decision is reached, a decision on any matter before the Board shall be by a majority of votes of the members present and voting and, in the case of an equality of votes, the Chairperson or the person presiding shall have a casting vote. (7) Subject to subparagraph (4), no proceedings of the Board shall be invalid by reason only of a vacancy among the members thereof. 2. Disclosure of Interest by Members of the Board (1) If a member of the Board is directly or indirectly interested in any contract, proposed contract or other matter before the Board and is present at a meeting of the Board at which the contract, proposed contract or other matter is the subject of consideration, that member shall, at the meeting and as soon as practicable after the commencement thereof, disclose the fact and shall not take part in the consideration or discussion of, or vote on, any questions with respect to the contract or other matter, or be counted in the quorum of the meeting during consideration of the matter: (2) A disclosure of interest made under this paragraph shall be recorded in the minutes of the meeting at which it is made. 14 deration of the matter: (2) A disclosure of interest made under this paragraph shall be recorded in the minutes of the meeting at which it is made. 14 Social Protection Act (Act No. 12 of 2025) Kenya (3) A member of the Board who contravenes subparagraph (1) commits an offence and is liable to imprisonment for a term not exceeding six months, or to a fine not exceeding one hundred thousand shillings, or both. 3. Minutes The Board shall cause minutes of all resolutions and proceedings of meetings of the Board to be entered in books kept for that purpose. 15
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