This archive report was first published on 7 August 2019.
On August 7, 2019, a concerned employee reached out to Eric Mukoya, the Executive Director of the Legal Resources Foundation Trust, seeking advice on pension benefits.
The employee, who had been working for a company for over five years, was not part of the pension scheme, except for the National Social Security Fund (NSSF). They stumbled upon a statement on the Retirement Benefits Authority website, which read: 'If you are eligible, you have a right to the membership of your employer's pension scheme.'
The employee asked if this applied to their situation and if they had the right to sue for pension benefits when leaving the organization.
Eric Mukoya responded by explaining the different types of pension schemes in Kenya: public pension fund, occupational pension scheme, and individual pension plan. He noted that the law regulates public pension schemes, while occupational pension schemes are sponsored by employers and only open to eligible employees.
Regarding the employee's situation, Mukoya advised them to review their employment contract to see if the pension benefit was included. If not, and they felt they were being discriminated against, they could take up the issue with their employer or the Retirement Benefit Authority. Legal action should be a last resort.
