The population of Kenya reached approximately 46 million in 2015, and older persons over the age of 60 make up approximately 2.8 per cent of the population. In August 2010, the Government of Kenya adopted a new constitution in which social security is recognised as a constitutional right for all and entitles older persons with the right to claim care and assistance from the State.
Article 57 of the Constitution of Kenya stipulates that “the State shall take measures to ensure the rights of older persons to fully participate in the affairs of society; to pursue their personal development; to live in dignity and respect and be free from abuse; and to receive reasonable care and assistance from their family and the State”. These constitutional provisions encouraged the adoption of the National Social Protection Policy in May 2012, which aims to define mechanisms for the improvement of the socio-economic status of the poorest and most vulnerable citizens and provide guidelines to stakeholders in the design, implementation, monitoring and evaluation of social protection programs. Following the adoption of the 2010 Constitution of Kenya, a motion brought to the Kenyan Parliament in June 2011 proposed a universal pension of KSH 2,000, or approximately USD 22 per month to more than 1.8 million people over 60 who do not have access to contributory pensions or other benefits.
Constitutional advancements creating a legal framework for increased social protection in Kenya were realised through an open constitutional debate, in which the public was invited to criticise the draft constitution for a period of 30 days through recommendations and proposals to their Members of Parliament. The National Social Protection Policy was also achieved through an inclusive process with stakeholder consultations at the district, provincial, and national levels. Based on these constitutional provisions, the Government of Kenya has demonstrated political will to uphold equality and ensure that constitutional and legal provisions for income security form strong legal foundations for a durable social protection floor.
Further Reading:
Government of Kenya (2010). Constitution of Kenya. Accessed from http://www.wipo.int/wipolex/en/text.jsp?file_id=207673 on December 2016.