QUESTION 3: What is the Legal, Regulatory and Institutional framework for Pensions
Schemes in Kenya
Introduction.
The legal framework will be discussed in the context of the international, regional and
domestic framework.
International legal framework for
pensions Universal declaration of human
right
Article 22 guarantees the right to social security. It provides that as a member of society a person
is entitled to realization of his/her social security rights through both national and International
Corporation and in accordance with the organization and resources of each state of the economic,
social and cultural right indispensable for his dignity and the free development of his personality.
Social security (minimum standards) convention
It sets out the framework of common important basic social security principles on which any
social security should be based to encourage the development of social security schemes. It
defines the nine branches of social security and sets the minimum standards for each of them.
These branches are : medical care, sickness benefit, unemployment benefits, old age benefits,
employment injury benefit, family benefit, maternity benefit, invalidity benefit And survivors
benefit. The convention is flexible and recognizes that there is no right model for social security
and it reflects countries social and culture values, their history, their institutions and their level of
,economic development.
, Equality treatment (social security) convention
It addresses the issue of the social security of migrant workers in a global perspective. It provides
that for each branch of social security, a ratifying state undertakes to grants equality treatment to
nationals of other ratifying states.
Regional regulatory framework
The African union social policy framework
The aim of the convention was to aid and guide the member states as they develop a policy
framework for social security and how to implement it, for states that already have a social
protection policy. It recognizes the importance of social development as a platform for creating
sustainable growth.
The policy recognizes that investment and access to social protection is still low in most of the
member states. It provides that social protection and social security will be built gradually, based
on comprehensive longer-term national social protection action plan. The convention was
adopted in October 2008 in Namibia and was ratified by African head of states in January 2009.1
3:1:legal framework for pensions in kenya
Constitution of Kenya
It is buttressed from the Constitution in Article 43 on Economic and Social rights which states:
Article 43(1) every person has the right-
1 The African union, social policy framework for Africa, Windhoek (2008)
Schemes in Kenya
Introduction.
The legal framework will be discussed in the context of the international, regional and
domestic framework.
International legal framework for
pensions Universal declaration of human
right
Article 22 guarantees the right to social security. It provides that as a member of society a person
is entitled to realization of his/her social security rights through both national and International
Corporation and in accordance with the organization and resources of each state of the economic,
social and cultural right indispensable for his dignity and the free development of his personality.
Social security (minimum standards) convention
It sets out the framework of common important basic social security principles on which any
social security should be based to encourage the development of social security schemes. It
defines the nine branches of social security and sets the minimum standards for each of them.
These branches are : medical care, sickness benefit, unemployment benefits, old age benefits,
employment injury benefit, family benefit, maternity benefit, invalidity benefit And survivors
benefit. The convention is flexible and recognizes that there is no right model for social security
and it reflects countries social and culture values, their history, their institutions and their level of
,economic development.
, Equality treatment (social security) convention
It addresses the issue of the social security of migrant workers in a global perspective. It provides
that for each branch of social security, a ratifying state undertakes to grants equality treatment to
nationals of other ratifying states.
Regional regulatory framework
The African union social policy framework
The aim of the convention was to aid and guide the member states as they develop a policy
framework for social security and how to implement it, for states that already have a social
protection policy. It recognizes the importance of social development as a platform for creating
sustainable growth.
The policy recognizes that investment and access to social protection is still low in most of the
member states. It provides that social protection and social security will be built gradually, based
on comprehensive longer-term national social protection action plan. The convention was
adopted in October 2008 in Namibia and was ratified by African head of states in January 2009.1
3:1:legal framework for pensions in kenya
Constitution of Kenya
It is buttressed from the Constitution in Article 43 on Economic and Social rights which states:
Article 43(1) every person has the right-
1 The African union, social policy framework for Africa, Windhoek (2008)
