Retiree Pension Delays Under Scrutiny as CAJ Orders Swift Payment.
The Commission on Administrative Justice (CAJ) has instructed Alfred Kagika, Director of the Pensions Department, to settle all 144 pending pension claims within 60 days. Non-compliance will prompt the Ombudsman to issue a notice requiring the director to justify why he should not be deemed unfit for public office.
To curb corruption and inefficiency, CAJ has also urged the pensions department to implement mechanisms ensuring transparency and responsiveness while processing retirees’ dues, which have been delayed for years.
During a meeting at the commission’s Nairobi offices, CAJ Chairperson Charles Dulo addressed retirees who have faced prolonged struggles to obtain their pensions.
He stated that the commission’s public interest litigation team would intervene if the directive was not honored within the stipulated timeframe, emphasizing that the commission possesses the necessary authority and resources to enforce compliance.
Among the 318 complaints lodged against the Pensions Department since 2019, 174 cases have been resolved, while 144 remain unsettled. A significant portion of the 274 reported delays involve pensions for teachers, totaling 68 cases.
Retirees’ Struggles
The extensive delays have caused considerable distress among pensioners. Moses Amoko, a 61-year-old retired teacher, has unsuccessfully pursued his wife’s death gratuity for 16 years while waiting a year for his own pension.
His wife, Joan Achieng, a former Ministry of Health nurse, passed away in 2005, yet her gratuity remains unpaid, leaving Mr. Amoko to single-handedly raise their four children.
Similarly, Mr. Mugambi Ngeera has spent 27 years seeking his late wife’s pension since her passing in 1997, with no success.
Another affected individual, Norah Tendoh, continues to pursue her late father’s pension, amounting to Sh1.8 million, since his death in 2018. Her family has frequently been turned away from the pensions office with excuses of absentee officials.
In addition to pension delays, CAJ has documented other grievances, including 21 cases of unresponsiveness, nine cases of inefficiency, four cases of manifest injustice, two cases of unfair treatment, three cases of unlawful conduct, and four cases beyond the department’s mandate.
Statistics indicate that 90 individuals have waited up to three years, while 160 have endured delays spanning four to 15 years. Furthermore, 48 retirees have been in limbo for 16 to 25 years, while 20 have waited over 26 years—resulting in some pensioners passing away before receiving their rightful benefits.
CAJ emphasized that these figures represent real individuals experiencing financial hardship, inability to cover medical expenses, and a loss of dignity due to the prolonged uncertainty.
Findings and Recommendations
A 2016 Ombudsman investigation revealed that 70% of public service retirees were dissatisfied with the pension disbursement process. Key issues included bureaucratic hurdles, inefficiency, uncooperative staff, corruption, and a lack of transparency in benefit calculations.
Despite prior recommendations, including streamlining payment processes, decentralizing disbursements, and allocating sufficient funds, retirees continue to struggle to access their pensions. Many are forced to make endless trips to pension offices, only to be asked for additional documents already submitted by their employers before retirement.
CAJ has called for systemic reforms in pension processing, urging the department to eliminate inefficiencies and prioritize pending claims. The commission also insists on the establishment of a structured complaints-handling system to enhance accountability and service delivery.
Additionally, the National Assembly has been urged to expedite the Pensions (Amendment) Bill, which proposes a 60-day timeline for pension processing. Commissioner Dulo stressed the need for Treasury, the Attorney General’s Office, and the Law Reform Commission to review outdated pension laws to align them with current socio-economic conditions and constitutional standards.
This intervention follows Treasury’s latest data, revealing that Sh82.8 billion in pension claims were processed within six months leading to December, marking a 40% increase from the Sh59 billion disbursed in the same period the previous year.
Systemic and Technological Reforms
CAJ emphasized the need for extensive reforms, including the integration of technology to modernize pension services.
The proposed improvements should include digitizing and automating pension processes, eliminating bureaucratic hurdles, enhancing data management, and reinforcing accountability and oversight within the Pensions Department.
According to CAJ, implementing these reforms would significantly reduce pension processing delays, ensuring that retirees and their dependents receive their rightful benefits promptly without prolonged financial distress.
The commission also pointed to a report from the previous year, which ranked the Pensions Department among the most complained-about institutions, having received over 674 grievances.
Meanwhile, CAJ expressed frustration over the government’s failure to implement its previous recommendations regarding pension reforms. Despite these suggestions, complaints about delayed pension payments have continued to rise in recent years.
Both individual retirees and groups, including former teachers and Kenya Railways staff, have lodged grievances about unprocessed benefits. CAJ noted that this issue is frequently raised in public forums it organizes, highlighting the widespread concern over pension mismanagement.
Retiree Pension Delays Under Scrutiny as CAJ Orders Swift Payment
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