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State cautions against violating the rights of the elderly

The government has cautioned Kenyans against violating the rights of the elderly in society, warning that anyone found culpable will face the law.

Consequently, the Social Protection and Senior Citizen Affairs Principal Secretary (PS) Joseph Motari has said the Ministry of Labour and Social Protection is putting in place stringent policies to protect the elderly from any form of abuse.

Motari said the government has also drafted the Social Protection Bill, currently under consideration in the National Assembly, which if ratified into law, will safeguard the elderly from exploitation and abuse.

“The State Department for Social Protection and Senior Citizen Affairs is finalizing the bill on Older Persons that seeks to safeguard their rights comprehensively. The bill has undergone public participation and is now pending committee validation,” he said.

The PS said through the National Self-Net Program, the government continues to provide social assistance to vulnerable groups.

“As of May 2025, the Older Persons Cash Transfer Program had reached 1.2 million beneficiaries,” said Motari, adding that the government has expanded the cash transfer programme to 2.5 million beneficiaries since 2023.

The PS made the remarks at the Kenya Institute of Special Education in Nairobi during the commemoration of the World Elder Abuse Awareness Day.

This year’s celebration was themed, Empowering Older Persons, Building Resilient Communities Free from Abuse.

In his address, Motari further revealed that the elderly in the society have over the years been subjected to physical, emotional and financial abuse. “Elder abuse is a global problem, which is growing rapidly and is a deeply concerning issue, affecting millions of people. It manifests in various forms: physical, emotional, and financial abuse and neglect,” he stated.

The PS said globally statistics have shown that one out of six older persons experiences some form of abuse annually, emphasizing that such acts not only inflict harm but also violate the dignity and fundamental rights of older persons.

He urged the national and county governments and development partners, as well as older persons’ organizations, to build resilient communities that empower and protect older persons.

“Key to this is promoting support systems to prevent abuse and neglect and fostering healthy relationships and intergenerational solidarity in addition to educating caregivers and community members.

As a government, we deeply value the contributions of older persons. I take this opportunity to reaffirm our unwavering commitment to their empowerment and protection,” said the PS, while adding that such efforts ensure older persons remain active, valued and protected members of society.

Speaking at the same event, the Deputy Solicitor General, Lawrence Muiruri, said more needs to be done on the legislative front to bring to light the Older Persons Bill 2024 that aims to safeguard the rights of the older persons, ensuring their access to health, well-being and other essential services.

“There is a proposal in this bill, section 23, which restates the right against abuse of the elderly and further criminalizes many forms of abuse against the elderly.

“Nevertheless, Kenyan courts have on several occasions acknowledged that age and health of individuals are significant factors in sentencing and release decisions,” he said.

“The courts are increasingly dealing with the potential for inhumane treatment of elderly individuals in prison, especially those with pre-existing medical conditions or those unable to participate in rigorous rehabilitative activities,” added Muiruri.

By Douglas Namunane and Duncan Sikoyo

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