ADVOKS GLOBAL · KENYA
Judges’ Retirement Benefits Act
20. Pension in respect of children on death of a judge or a retired judge
Edition: 2026-03-11 · In force
20. Pension in respect of children on death of a judge or a retired judge
(1)Where a judge entitled to a pension under this Part dies before retirement and is survived by a spouse and a child or children, there shall, in addition to any pension that is payable to the spouse under section 18, be paid to the spouse, in respect of any eligible child or children of the judge, a pension at a rate equal to the applicable percentage of the rate of the judge’s pension.(2)The Cabinet Secretary may determine the manner in which the pension is payable in respect of a child, if it is in the best interests of the child for the pension to be paid other than to the surviving spouse.(3)Subject to this section, where a retired judge dies and is survived by a spouse and a child or children, there shall, in addition to any pension that is payable to the surviving spouse under section 18, be paid to the spouse, in respect of any eligible child or children of the retired judge, pension at a rate equal to the applicable percentage of the rate of the pension that would have been payable to the retired judge.(4)For the purposes of subsections (1) and (3), the applicable percentage shall be—(a)twelve point five per cent where there is one eligible child;(b)twenty-five per cent where there are two eligible children;(c)thirty-seven point five per cent where there are three eligible children; or(d)fifty per cent where there are four or more eligible children.(5)Pension shall not be payable under this section in respect of a child of a marital relationship if the deceased retired judge entered into the relationship after retirement.