The Retirement Benefits Authority (RBA) in Kenya has announced a call for written proposals to draft a new procurement guideline for public pension schemes. This move comes after a Supreme Court judgment on May 15, 2026, that removed public pension schemes from the national procurement framework. The judgment declared Section 2(o) of the Public Procurement and Asset Disposal Act, 2015, unconstitutional as it applied to pension funds of public entities.
The Supreme Court ruling created a regulatory gap in how public pension schemes acquire goods, works, and services. As a result, the RBA aims to establish a common standard that aligns with trustees' fiduciary duties under the Retirement Benefits Act and Good Governance Practices Guidelines. The proposed guideline will ensure transparent, fair, and competitive procurement processes for retirement benefit schemes sponsored by public entities.
The new guideline will apply to the procurement of goods, works, and services by retirement benefit schemes. It is expected to provide clearer standards for scheme members and a unified framework for trustees' decision-making. The RBA is inviting proposals from trustees, sponsors, administrators, and other stakeholders in public pension schemes to help draft the guideline.
Stakeholders have until 5 p.m. on Friday, October 9, 2026, to submit their written proposals to the RBA. The authority will consider the inputs before finalizing the guideline and releasing an exposure draft for further public comment. This process aims to ensure that the new guideline is comprehensive and effective in regulating procurement processes for public pension schemes.
The RBA's move to establish a new procurement guideline is part of its efforts to enhance governance and transparency in public pension schemes. The authority recently ordered pension scheme trustees and administrators to file audited financial statements for the fiscal year ending June 30 by September 30, warning of penalties for non-compliance.
The new procurement guideline is expected to play a crucial role in ensuring that public pension schemes operate efficiently and effectively. By establishing a unified framework for procurement, the RBA aims to promote good governance practices and protect the interests of scheme members. The guideline will also help to prevent irregularities and ensure that procurement processes are transparent and fair.
The RBA's call for proposals is a significant step towards addressing the regulatory gap created by the Supreme Court ruling. The authority's efforts to engage stakeholders and ensure that the new guideline is comprehensive and effective are commendable. The proposed guideline is expected to have a positive impact on the management of public pension schemes in Kenya.
Key points
- The Retirement Benefits Authority is seeking proposals for a new procurement guideline for public pension schemes following a Supreme Court ruling that removed them from the national procurement framework.
- The proposed guideline aims to establish a common standard for procurement processes that is transparent, fair, and competitive.
- Stakeholders have until October 9, 2026, to submit their written proposals to the RBA.
