Related documents
- Is amended by Public Service Superannuation Scheme Act

LAWS OF KENYA
WIDOWS’ AND CHILDREN’S PENSIONS ACT
CAP. 195
- Published in Kenya Gazette Vol. LXVII—No. 55 on 30 November 1965
- Assented to on 24 November 1965
- Commenced on 1 January 1966 by Widows' and Children's Pensions (Date of Commencement) Order, 1965
- [Amended by Widows' and Children's Pensions (Amendment) Act, 1971 (Act No. 4 of 1971) on 29 January 1971]
- [Amended by Widows' and Children's Pensions (Amendment) Act, 1977 (Act No. 7 of 1977) on 27 May 1977]
- [Amended by Public Service Superannuation Scheme Act (Cap. 189A) on 1 January 2021]
1. Short title and application
2. Interpretation
3. Application of Act to existing and future public officers
3A. Application of Act to officers compulsorily transferred from other public service
Notwithstanding anything to the contrary contained in paragraphs (b) or (d) of subsection (1) of section of this Act, this Act shall not apply to any male public officer who, in the opinion of the President, has been compulsorily transferred to service under the Government or into the employment of the Commission, from other public service, unless such officer elects within three months next following the date of his transfer or such later date as the President may in any particular case approve, that this Act shall apply to him:Provided that in the case of male public officers who, in the opinion of the President, were compulsorily transferred to service under the Government from other public service between the date of the commencement of this Act and 31st October, 1977, any such male public officer may before 1st January, 1978, elect that this Act shall not apply to him and on his so electing the amount of all contributions already paid by him shall be refunded to him without interest.[Act No. 7 of 1977, s. 2.]4. Application of Act to female public officers
5. Power to grant widow’s and children’s pensions
Subject to the provisions of this Act, the President shall on the death of a person to whom this Act applies (hereinafter in this Act referred to as the deceased) grant, in respect of his service—6. Qualifications for pensions under this Act to depend on eligibility under the Pensions Act and Pensions Regulations
A pension shall not be granted under this Act unless—7. Computation of basic pension
8. Widow’s pensions not to be granted in certain circumstances
9. Bankruptcy of widow
If a person to whom a widow’s pension has been granted is adjudicated bankrupt, or is declared insolvent by any competent court, such pension shall cease as from the date of the bankruptcy or insolvency:Provided that where a pension ceases under this section the President may, from time to time, during the remainder of her life, or during such shorter period or periods either continuous or discontinuous as he deems fit, authorise the payment to such widow of an allowance at a rate not exceeding the rate of such pension, or the President may, in such manner and at such time as he thinks fit, authorize the application of such allowance for the maintenance and personal support of such widow.10. Payment of widow’s pension in cases of failure to maintain children
Where the deceased leaves a widow who deserts, abandons or fails to maintain a child whom she is bound by law to maintain, the President may direct that such portions of the widow’s pension as he thinks fit shall be paid to such person as he may direct and be applied by that person for the benefit of the child.11. Beneficiaries under children’s pensions
12. Rate and mode of payment of children’s pensions in cases of monogamous marriages
12A. Rate and mode of payment of children’s pensions in cases of polygamous marriages
13. Periodical contributions
14. Return of periodical contributions
15. Contributions by reduction in pension or gratuity
16. Contributions payable in respect of re-employed pensioner
Where a public officer, whose pension has been suspended under section 11 of the Pensions Act (Cap. 189) or whose earlier public service is taken into account in accordance with regulation 16(2)(b) of the Pensions Regulations, has had a reduction made in the pension or gratuity granted to him under that Act in accordance with section 15 of this Act he shall—17. Information to be furnished
18. Penalty for non-compliance
19. Mode of making election
20. Proof of claims to pension
The authorized officer may require such proof as he considers desirable that any person who claims to be entitled to a pension under this Act or on behalf of whom such claim is made, is alive and entitled to the pension, and the payment of any pension may be refused until such proof is furnished to the satisfaction of the Permanent Secretary of the Treasury.21. Pension not to be assigned
Except as may be expressly provided in this Act, no pension payable, and no rights of any person, under the provisions of this Act shall be assignable or transferable or liable to be attached, sequestered or levied upon for, or in respect of any debt or claims whatsoever.[Act No. 4 of 1971, s. 14.]22. Effect of certain nullity decrees
Where the marriage of any public officer has been annulled or dissolved by the decree of any competent court, the wife party to such marriage shall for all purposes of this Act be deemed to have died at the date of such decree.[Act No. 4 of 1971, s. 15.]23. Financial provisions
24. Application of the Schedule to this Act in respect of certain officers
The supplementary provisions of the Schedule to this Act shall have effect in relation to the contributions to be made by the public officers mentioned therein and to the matters connected therewith.25. Cap. 192, Cap. 193, Cap. 194 to cease to apply to certain public officers
Subject to the provisions of this Act, the Widows’ and Orphans’ Pensions Act, the Asiatic Widows’ and Orphans’ Pension Act and the Asian Officers’ Family Pensions Act shall cease to apply to a public officer as from the date on which this Act first applies to him.26. Questions to be determined by the President
Where any question or dispute exists in relation to any matter arising under this Act such question or dispute may be determined by the President, and the President’s decision thereon shall be binding and conclusive on all parties.History of this document
01 January 2021 this version
Amended by
Public Service Superannuation Scheme Act
27 May 1977
29 January 1971
01 January 1966
30 November 1965
Published in Kenya Gazette 55
24 November 1965
Assented to
Cited documents 3
Act 3
1. | Teachers Service Commission Act | 117 citations |
2. | Pensions Act | 48 citations |
3. | Asian Officers’ Family Pensions Act | 4 citations |
Documents citing this one 5
Act 3
1. | Kenya Revenue Authority Act | 1195 citations |
2. | Asian Officers’ Family Pensions Act | 4 citations |
3. | Pensions (Increase) Act | 3 citations |
Legal Notice 2
1. | The Statutory Instruments (Exemption from Expiry) Regulations | |
2. | The Statutory Instruments (Exemption from Expiry) Regulations |