This archive report was first published on 7 August 2019.
Thank you for reaching out to Nyakundi Report with your concerns about pension benefits in Kenya. We appreciate your interest in understanding the law and your rights as an employee.
As you may know, there are three types of pension schemes in Kenya: public pension fund, occupational pension scheme, and individual pension plan. The law regulates public pension schemes, and both the employer and employee make mandatory statutory contributions.
Occupational pension schemes, on the other hand, are sponsored by employers and are only open to employees who meet the eligibility criteria. Your question relates to occupational pension schemes, which are provided by employers as a benefit to their employees.
According to the Retirement Benefits Authority, if you are eligible, you have the right to join your employer's pension scheme. This means that if you have been working for your company for over five years, as you mentioned, you may be entitled to join the pension scheme.
However, it's essential to review your employment contract to determine if your employer has provided for occupational pension benefits. If your contract doesn't mention pension benefits, and you feel that your exclusion from the scheme is discriminatory, you may want to discuss the matter with your employer or seek guidance from the Retirement Benefits Authority.
As an employee on a permanent contract, you have the right to sue for pension benefits when you leave the organization, but this should be a last resort. We recommend that you first try to resolve the issue with your employer and, if necessary, seek assistance from the Retirement Benefits Authority.
Eric Mukoya is the Executive Director of the Legal Resources Foundation Trust. If you have a legal problem you'd like addressed, please email your queries to Nyakundi Report.
