Policies and Legal Framework
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Social Protection has become increasingly important as a powerful tool for combating poverty and vulnerability to shocks throughout people’s life cycle. Evidence from different studies has shown that investing in Social Protection has a higher impact on human capital development, social cohesion and inclusive growth. It is also acknowledged as a human right and a key instrument for the achievement of the SDGs.
The Constitution of Kenya (2010) contains a comprehensive Bill of Rights. Article 43 guarantees all Kenyans their economic, social, and cultural (ESC) rights. It asserts the "right for every person...to social security and binds the State to provide appropriate social security to persons who are unable to support themselves and their dependants." This right is closely linked to other social protection rights, including the right to healthcare, human dignity, reasonable working conditions, and access to justice. Article 21 establishes the progressive realization of social and economic rights and obligates the State to "observe, respect, protect, promote, and fulfill the rights and fundamental freedoms in the Bill of Rights
Kenya developed its first Social Protection Policy in 2011, the Kenya National Social Protection Policy (NSPP, 2011), to give strategic guidance on the implementation and delivery of Social Protection interventions in the country in line with the Constitutional provisions, Vision 2030, and other related international instruments. The Policy initiative was part of the broader global, regional, and National dynamics which positioned Social Protection as a key driver in the development process.
The development of the Kenya Social Protection Policy (2023) was informed by the need to create a policy framework that addresses the country’s evolving and growing Social Protection needs. In addition, emergency situations and shocks witnessed in the past few years, such as the COVID-19 pandemic, also heightened the need for a policy framework that is more progressive and ensures adequate response.
Considering lessons drawn from the previous National Social Protection Policy (2011) as captured in various sector review reports, there was a fundamental need for Social Protection to strengthen complementarity, improve data management and collaboration, focus on the informal sector, and expand Health Insurance. The new Policy will be instrumental in implementing lessons around these key emerging areas.
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The Kenya Social Protection Policy, 2023 refers to social protection as:
The set of policies, programmes, interventions and legislative measures aimed at cushioning all Kenyans against poverty, vulnerability, exclusion, risks, contingencies, and shocks throughout their life cycles, and promoting the realisation of economic and social rights.(This to be added at about us)
The four pillars of Social Protection according to the Kenya Social Protection Policy, 2023 include;
1. INCOME SECURITY PILLAR
The Income Security Pillar includes a combination of contributory and non-contributory Social Protection programmes to cushion all citizens against risks and contingencies which they might face throughout their life cycle. Thus, it also intends to prevent and protect individuals and households from falling into poverty and promote and transform their lives and livelihoods for enhanced social justice and cohesion. Pooling together in a coherent manner, Social Assistance and social security programmes shall enable Kenya to move towards the attainment of a Social Protection Floor and meet SDG Target 1.3 by 2030.
2.SOCIAL HEALTH PROTECTION PILLAR
This Pillar refers to interventions that protect citizens against health risks and burdens throughout their life cycle, insuring all citizens against health hazards and preventing unexpected out-of-pocket health expenditures that may threaten their income security. This Pillar contributes to the realisation of Article 43 of the Constitution by expanding health insurance coverage through public/social and private health insurance, increasing access to quality healthcare services and offering financial protection to people when accessing health care. It focuses on ensuring equity and efficiency in access and delivery of healthcare services and the realisation of Universal Health Coverage. This Pillar will also support strengthening of the healthcare system to be responsive to health-related shocks.
3. SHOCK-RESPONSIVE SOCIAL PROTECTION PILLAR
Shock-Responsive Social Protection entails the provision of relief and protection to persons affected by emergencies, as well as social and economic shocks such as droughts, floods, forced displacement, and pandemics, therefore mitigating the loss of livelihoods and income. This ensures that the affected populations employ appropriate coping strategies that promote long-term investment in physical and human capital. It enables households to avoid negative coping strategies such as selling assets, child labour, early marriages etc.
Shock-Responsive interventions are time-bound and are expected to facilitate recovery from shocks, build resilience and rebound to normalcy. To ensure rapid response, shock-responsive Social Protection interventions should be anchored on existing Social Protection Systems.
4. COMPLEMENTARY PROGRAMMES PILLAR
This Pillar comprises interventions aimed at promoting Human Capital Development and the productive education, and strengthen social welfare structures and the capacity of social workers. It further seeks to promote livelihoods, skills training, foster labour and economic capacity of all citizens. It seeks to facilitate access to social services such as healthcare, nutrition and inclusion, and build resilience among Social Protection beneficiaries, particularly beneficiaries of cash transfers.
Complementary programmes focus on interventions that contribute to people’s livelihoods, social and economic inclusion, adaptation to climate change, and resilience (reinforcing measures under the Shock-Responsive Pillar). This Pillar also includes other specific programmes led by County Governments, which should complement, rather than duplicate, those provided by the National Government.