Why apex court ruled that pensions are private trusts
Author: Sam KiplagatPublished on: May 20, 2026Country: Kenya
Business & Economy

The Supreme Court ruled that pension funds sponsored by public entities belong to contributors and are not public funds subject to procurement laws. This decision overturned earlier rulings by the High Court and Court of Appeal, which had classified these schemes as public entities. The court declared that Section 2(o) of the Public Procurement and Asset Disposal Act was unconstitutional for unduly expanding the definition of a public entity.
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