Ruto assents to new law to enhance fight against poverty, vulnerability and social exclusion

President William Ruto has signed into law the Social Protection Bill, 2025, which creates a unified, rights-based framework that guarantees non-contributory support for vulnerable Kenyans in all stages of life, ensuring dignity, equity, and resilience, and coordinated by the national government and counties.

This is aimed at enhancing coordination, improving targeting, strengthening governance and ensuring the sustainable implementation of social protection interventions in the country.

Before the enactment of the Bill, social protection interventions have been implemented through various programmes, including cash transfers for orphans and vulnerable children, older persons and persons with severe disabilities, which were regulated under the Social Assistance Act, Cap. 258A, which has now been repealed.

The Bill, which was sponsored by National Assembly Majority Leader Kimani Ichung’wah, will provide a framework for the administration of non-contributory social protection interventions in Kenya; establish the National Board for Social Protection; create a comprehensive legal framework to guide the implementation of social protection programmes that support vulnerable individuals and households; cushion persons in need against risks and contingencies; build human capital capabilities and resilience of persons in need; and promote the well-being of persons in need.

The implementation of the new law will further be guided by principles including equity, social justice, inclusiveness, non-discrimination, participatory governance, rights-based approach, adequacy, accessibility, sustainability, evidence-based programming and lifecycle approach to social protection.

The Board has been established as a body corporate that will be the primary institution responsible for coordinating social protection interventions in the country.

This will be the central governance structure for implementing the Act and coordinating non-contributory social protection programmes in the country.

The Board is mandated to provide social protection to persons in need, who include orphans and vulnerable children; poor older members of society; persons with disabilities; persons in extreme poverty; persons affected by shocks such as disasters or emergencies; and unpaid caregivers.

Its functions include advising the Cabinet Secretary on social protection matters; designing and implementing social protection interventions; providing social assistance and care to vulnerable persons; coordinating interventions across different sectors and levels of government; and fostering collaboration among stakeholders.

It will also maintain a comprehensive registry of social protection beneficiaries; facilitate data sharing among implementing agencies; undertake civic education on social protection; promote a community of practice among social protection practitioners; undertake indexation of benefits to ensure their value is maintained over time;
mobilise resources for social protection programmes; conduct research on social protection issues; and
perform other functions conferred by law.

The new legislation provides for two main categories of social protection benefits. These are social assistance which includes cash transfers and transfers in kind; and social care services, namely rehabilitation services, psychosocial support, respite care, feeding programmes, home-based care, skill-building programmes as well as essential drugs and assistive devices.

It recognises the important role of county governments in social protection implementation and they will be responsible for implementing national government policies through county-specific legislation and strategies; allocating resources for social protection interventions at the county level; collaborating with the national government on social protection matters; developing interoperable county registries for social protection beneficiaries; and developing civic education and public participation strategies related to social protection.

It also provides for a structured process for applying for social protection benefits. These include eligibility criteria based on vulnerability and need as assessed by the Board; ensuring accessibility and transparency in applications;
review mechanisms that allow applicants to request review of decisions made by the Board; and appeals processes providing recourse for those dissatisfied with the Board’s determinations.

The new law also establishes a Social Protection Registry that will serve as a comprehensive
database of all social protection beneficiaries to improve targeting of social protection interventions;
reduce duplication of benefits; enable coordination among implementing agencies; and strengthen accountability in the social protection sector.

It also includes provisions for proper data handling, ensuring confidentiality and protection of beneficiaries’ information in line with data protection laws.

Further, it provides safeguards against potential abuse of social protection benefits by establishing rights and obligations of beneficiaries; providing for circumstances under which benefits may be terminated; creating mechanism for refunds to the Board in cases of improper payments; regular review of eligibility and benefits; and
creating offences related to fraud, misrepresentation and misappropriation of funds.

Offences under the new law are obstruction of officers implementing the Act; providing false information during application or verification; unlawful disclosure of confidential information;  fraud in obtaining social protection benefits; and misappropriation of social protection funds, which will attract penalties ranging from fines of Sh100,000 to Sh2 million and/or imprisonment terms of six months to five years.

With the repeal of the Social Assistance Act, the new law provides for the transition of staff, obligations, and liabilities from existing structures; ensured the continuation of existing social assistance benefits and programmes; and provides for the transfer of assets and legal proceedings from previous arrangements to the new framework.