- Moreover, article 21 establishes the progressive realisation of social and economic rights and obligates the state to observe, respect, protect.
- Unlike before, the global trends in social protection are showing significant progress over time. Kenya is not on the periphery.
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Social protection or social security, encompasses a set of policies and programmes designed to reduce and prevent poverty and vulnerability to people's wellbeing.
It is enshrined in the Constitution of Kenya, 2010 under article 43 which guarantees all Kenyans their economic, social and cultural rights.
Moreover, article 21 establishes the progressive realisation of social and economic rights and obligates the state to observe, respect, protect, promote and fulfil the rights and fundamental freedom in the Bill of Rights.
Social protection systems and their flaws, if well designed and managed, largely support incomes and domestic consumption, build human capital and increase productivity.
Unlike before, the global trends in social protection are showing significant progress over time. Kenya is not on the periphery.
It has gradually put into place measures and infrastructure geared towards cushioning its citizens as entrenched through the cash transfer programmes for orphans and vulnerable children, older persons and persons with severe disabilities.
In addition, the Ministry of Devolution and Planning implements the hunger safety net programme through the National Drought Management Authority.
The school feeding programmes, bursary schemes and subsidy programmes are being implemented through various ministries, departments and agencies.
Though commendable, the situation and impact are not optimal and require much more input.
The ILO monitoring system on social protection, based on the ILO World Social Protection database, indicates approximately 55 per cent of the world's population does not have access to at least one social protection cash transfer.
There is a need to address the existing gaps in the social protection sector in the country to promote the gradual realization of economic and social rights as well as the overall global agenda of universal social protection.
The gaps include fragmented legislation and interventions, lack of a coordinated governance framework, lack of an inventory of all social protection interventions and beneficiaries, lack of coordination and coherence in the delivery of social protection and above all inadequate funding.
In 2011, Kenya developed its first social protection policy namely the National Social Protection Policy, 2011. It reflected the Constitution´s view of social protection as a fundamental right.
Building societies based on the objective of guaranteeing a dignified life for all individuals, without exception, is adequately reflected in recommendation No. 202 on national social protection floors adopted by member countries of the ILO in 2012, Kenya being part.
In 2013, the Social Assistance Act was enacted to enhance the provision of social assistance to vulnerable members of society and provide a legal framework for an effective delivery.
The Act went beyond the need for cash and anticipated social, and psycho-social needs, community development and rehabilitation.
The Kenya Social Protection Policy, 2023 was developed to address the country's evolving and growing social protection needs.
It adopts a rights-based approach and life-cycle point of view that supports the implementation of the population’s right to social security and contributes to ensuring the right to basic education, nutrition, food security, health care, and employment.
The policy takes stock of the achievements and challenges over the last 10 years of implementation of the Kenya National Social Protection Policy,2011 and offers a robust premise for the institutionalisation of social protection.
The Social Protection Bill 2024 adopts an expansive meaning of social protection far away from the limited scope provided for in the Social Assistance Act, of 2013.
This Bill expands the coverage of social protection to include, income security to all persons in Kenya throughout their lifecycle, access to social health protection and shock responsiveness. The proposed bill means well for the nation.
If enacted, the objects of this law give effect to Articles 21, 43, 53, 54, 55, 56 and 57 of the Constitution.
It further gives effect to the State’s obligation under international laws in respect of the rights guaranteed under Article 43 of the Constitution, provides mechanisms for effective coordination of actors in the social protection sector at the national and county levels and provides an institutional framework for the provision of social protection in the country.
The bill provides a throng of opportunities for the social protection sector.
It is cardinal for the legislatures to critically internalise and interrogate it, devoid of political stands and affiliations. Assenting the bill to the law will colossally boost poverty eradication and spur prosperity for all.
Dennis Wendo is the Founder- Integrated Development Network
Email: [email protected]