The Commission on Administrative Justice (Office of the Ombudsman) has revealed a crisis in Kenya’s pension system, calling for urgent reforms to address persistent delays and injustices that have denied thousands of retirees their benefits.

In a press statement dated February 13, 2025, the Commission attributed systemic failures within the Pensions Department to the financial distress experienced by many retired public servants, some of whom have been waiting for decades to receive their dues.

“The Commission on Administrative Justice (Office of the Ombudsman) is calling for a comprehensive approach in addressing the inordinate delays, unresponsiveness and manifest injustice bedevilling the public service pensions system in order to restore fairness, dignity, and public confidence in it,” the statement reads.

Ombudsman Chairperson Charles Dulo emphasized the need for a complete overhaul of the pension system, citing inefficiencies such as bureaucratic red tape, poor record-keeping and corruption as major obstacles to timely pension processing.

Dulo criticized the Pensions Department for shifting blame onto retirees by insisting on additional documentation, despite being the custodian of pension records.

“The Commission finds that the delay in responding to complainants and, in some cases, the insistence that retirees submit additional documents is unreasonable. This practice effectively shifts the burden from the Pensions Department to the retirees and their beneficiaries, further exacerbating their plight,” Dulo said.

“The Pensions Department is the custodian of the pensions documentation and should instead retrieve the documents and ensure a timely and just resolution of pension claims,” he added.

Stranded pensioners

A report by the Commission on the Status of Administrative Justice and Access to Information in Kenya (2012-2023) highlighted the severity of the crisis, revealing that the Pensions Department ranked among the most complained-about institutions.

“According to the Status of Administrative Justice and Access to Information in Kenya Report (2012-2023) released by the Commission in May 2024, the Pensions Department was ranked amongst the institutions with the highest complaints. The Commission received over 674 complaints against the Pensions Department during the reporting period,” the statement reads.

According to the Commission, 90 retirees have waited up to three years for their pensions, while 160 have experienced delays ranging from four to 15 years.

“48 retirees have been waiting for between 16 and 25 years, while 20 have been left in limbo for over 26 years enough for some to pass away without ever receiving their rightful dues.,” the statement reads in part.

“These numbers reveal a deeply troubling picture of the prolonged delays retirees face in resolving their pension complaints,” the statement added.

The Commission documented the case of a retired teacher who has been waiting 19 years for his pension arrears, only to receive a partial payment after extensive interventions by the Commission.

Another retiree has struggled for 23 years to receive an enhanced pension award, despite a court ruling in his favor.

“These delays are not just statistics; they represent real people grappling with financial hardship, an inability to settle medical bills, uncertainty, and, in many cases, a profound loss of dignity,” Dulo explained.

Urgent reforms needed

To address these, the Ombudsman has recommended digitizing and automating pension processes, devolving pension services to county levels, establishing strict timelines for processing payments, strengthening accountability measures, and fast-tracking the Pensions (Amendment) Bill to address these issues.

Additionally, the Commission has called on the National Treasury and relevant government agencies to review outdated pension laws and align them with constitutional and social realities.

The Ombudsman urged affected retirees and their families to formally lodge complaints through its offices to facilitate interventions.

“The Commission calls on all Kenyans affected by the delayed processes and procedures at the Pensions Department to file their complaints through our various offices,” the statement concluded.