Related documents
- Is amended by 24th Annual Supplement

LAWS OF KENYA
PENSIONS (INCREASE) ACT
CAP. 190
- Assented to on 27 June 1957
- Commenced on 1 July 1956
- [Amended by Law Reform (Finance) Act, 1961 (Act No. 21 of 1961) on 21 November 1961]
- [Amended by Missing Act (Act No. 44 of 1962) on 1 January 1962]
- [Amended by Pensions (Increase) (Amendment) Act, 1963 (Act No. 30 of 1963) on 1 January 1963]
- [Amended by Kenya (Amendment of laws) (Miscellanous Amendments) (No. 3) Order, 1964 (Legal Notice 168 of 1964) on 12 December 1963]
- [Amended by Pensions (Increase) (Amendment) Act, 1979 (Act No. 4 of 1979) on 1 July 1977]
- [Amended by Statute Law (Miscellaneous Amendments) Act, 1985 (Act No. 19 of 1985) on 27 December 1985]
- [Amended by Pensions (Increase) (Amendment) Act, 1986 (Act No. 13 of 1986) on 1 July 1986]
- [Amended by Pensions (Increase) (Amendment) Act, 1990 (Act No. 3 of 1990) on 1 July 1990]
- [Amended by Pensions (Increase) (Amendment) Act, 1996 (Act No. 4 of 1996) on 1 July 1991]
- [Amended by Finance Act, 2007 (Act No. 9 of 2007) on 1 July 2005]
- [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
1. Short title
This Act may be cited as the Pensions (Increase) Act.2. Interpretation
3. Date and rate of pension increase
4. Cases where no increase of pension is payable
Where the amount of the pension of any person is determined by reference to emoluments which have been revised in accordance with any arrangements, in force in Kenya or in any other territory, for the revision of salaries and conditions of service, being arrangements which the Cabinet Secretary for the time being responsible for Finance may, either generally or in any specific case, declare to be applicable for the purposes of this section, no increase of his pension shall be payable to that person under this Act:Provided that, if in the case of such a person his old pension (that is to say, the pension which would have been payable to him if any such arrangements as aforesaid had not become applicable to him, increased by any sum which would have been payable to him under the terms of this Act apart from the provisions of this section) exceeds his new pension (that is to say, the pension payable to him by virtue of any such revised salary as aforesaid), an increase of pension shall be payable to that person of the amount by which his old pension exceeds his new pension.5. How increase calculated where person in receipt of more than one pension and what proportion payable under this Act
Where a person is in receipt of a pension from one or more colonial administrations, or former colonial administrations, the increase payable under this Act shall be calculated on the aggregate of both or all of those pensions, and the increase payable on the specified pension shall be that proportion of the increase payable on both or all of those pensions as the amount of the specified pension bears to the combined total of both or all of those pensions.[L.N. 168/1964.]6. Provisions applicable to increases
Subject to this Act, any provision made by or under any enactment shall, in so far as it relates to the apportionment of the cost of a pension between two or more pension authorities or to the manner in which a pension is to be paid, or to the proof of title to sums payable on account of a pension or in so far as it prohibits or restricts the assignment or charging of a pension or its application towards the payment of debts, have effect in relation to any increase payable under this Act as it has effect in relation to the pension in respect of which the increase is payable.7. Source of payment of increases
Where any pension is increased under this Act, the cost of the increase shall be defrayed out of moneys provided by Parliament.[Act No. 21 of 1961, Sch., L.N. 168/1964.]8. Pensioner deemed in receipt of pension in certain circumstances
Where under any enactment for the time being in force a pension which is payable to any pensioner is being paid to some other person, the pensioner shall for the purposes of this Act be deemed to be in receipt thereof.[L.N. 168/1964, Act No. 21 of 1966, 2nd Sch.]9. Power to amend First Schedule
The President may by order amend the First Schedule by making any addition thereto.10. Provision for granting of an allowance in certain cases
Where a pension under the Widows’ and Orphans’ Pensions Act, the Asian Widows’ and Orphans’ Pensions Act or the Asian Officers’ Family Pensions Act becomes payable to a beneficiary on or after the 1st January, 1946, and that pension is less than the aggregate of—11. Regulations
The President may make regulations generally for better carrying out the provisions of this Act, and any such regulations may, without prejudice to the generality of the foregoing provision, make provision for—12. Penalty for false statement, etc.
Any person who, for the purpose of obtaining either for himself or any other person any sum payable by virtue of this Act, knowingly makes any false statement or false representation shall be guilty of an offence and liable for a fine not exceeding ten thousand shillings or to imprisonment for a term not exceeding three months or to both.[Act No. 9 of 2007, s. 33.]History of this document
31 December 2022 this version
Revised by
24th Annual Supplement
01 July 2005
Amended by
Finance Act, 2007
Read this version
01 July 1991
Amended by
Pensions (Increase) (Amendment) Act, 1996
01 July 1990
Amended by
Pensions (Increase) (Amendment) Act, 1990
01 July 1986
Amended by
Pensions (Increase) (Amendment) Act, 1986
27 December 1985
01 July 1977
Amended by
Pensions (Increase) (Amendment) Act, 1979
12 December 1963
01 January 1963
Amended by
Pensions (Increase) (Amendment) Act, 1963
01 January 1962
Amended by
Missing Act
21 November 1961
Amended by
Law Reform (Finance) Act, 1961
27 June 1957
Assented to
01 July 1956
Commenced
Cited documents 4
Act 4
1. | Parliamentary Pensions Act | 5 citations |
2. | Widows’ and Children’s Pensions Act | 5 citations |
3. | Asian Officers’ Family Pensions Act | 4 citations |
4. | Public Officers’ Pensions (Kenya and United Kingdom) Agreement Act | 3 citations |
Documents citing this one 3
Legal Notice 2
1. | The Statutory Instruments (Exemption from Expiry) Regulations | 1 citation |
2. | The Statutory Instruments (Exemption from Expiry) Regulations |
Judgment 1
1. | Tunoi & another v Judicial Service Commission & another (Civil Appeal 6 of 2016) [2016] KECA 530 (KLR) (27 May 2016) (Judgment) | 27 citations |