Families of officers killed or disabled in line of duty yet to be paid
Senator Ledama Olekina during a session of the Senate’s Public Investments and Special Funds committee on August 1.
Families of police and prison officers who have died or been disabled in the line of duty are yet to receive compensation from insurance companies contracted by the government to provide cover for disciplined officers, despite years of pursuing claims.
In its own documents tabled in Parliament, the Pioneer Assurance Company Limited has admitted that it is yet to settle at least 1,500 insurance claims worth hundreds of millions of shillings owed to the families of deceased police and prison officers and those disabled in the line of duty.
The documents before the National Assembly's health committee emerged as the Senate plans to investigate why the government has abandoned the families of deceased or injured public service workers, including police and prison officers, in contravention of the provisions of the Public Service Superannuation Scheme (PSSS) Act.
A letter from the Managing Director and Principal Officer of Pioneer Assurance Company Limited, David Ronoh, to the then Principal Administrative Secretary and Accounting Officer of the National Police Service (NPS), Bernice Lemedeket, shows that of the 1,542 documented claims, 666 are death claims and 876 are disability claims.
The documents show that of the officers who died in the line of duty, 354 were regular police officers, 204 administrative police, 93 prison officers and 14 from the Directorate of Criminal Investigation (DCI).
Of the 876 disabled, 363 were regular police officers, 277 administrative police officers, 219 prison officers and 17 DCI officers.
Mr Ronoh's letter goes on to say that of the claims, 761 have been "fully processed and we are in the process of finalising payment", but information before the Health Committee paints a different picture.
"Pioneer Assurance reiterates its commitment to settle all valid claims expeditiously. Of the 761 fully documented claims, we will continue to pay on a weekly basis and share the report with the Director of Human Resource Management as has been the case," says Mr Ronoh in the letter to Ms Lemedeket dated February 21, 2023.
The letter is copied to Mr Godfrey Kiptum, Commissioner of Insurance and CEO of the Insurance Regulatory Authority (IRA), Inspector General of Police Japhet Koome, Kenya Prisons Service (KPS) Commissioner General Brigadier (Rtd) John Warioba and Correctional Services Principal Secretary Ms Mary Muriuki.
Pioneer Assurance Company Limited was contracted by the National Health Insurance Fund (NHIF) to provide insurance cover for police and prison officers for the 2021/22 financial year.
The cover included the provision of Group Life, Work Injury Benefit Act (WIBA), Group Personal Accident (GPA) and Last Expense Cover.
Pioneer's managing director noted that 322 claims are currently being processed and 287 injury claims are awaiting assessment "largely" due to missing documentation, with at least 170 group life claims awaiting claim documentation or clarification from the National Police Service Commission (NPSC), the employer of the disciplined officers.
The PSSS Act, the Public Service Superannuation Guidelines Manual published by the National Treasury and the Human Resources Policies and Procedures Manual for the Public Service of May 2016 provide benefits for public service employees.
The benefits include Group Life, Work Injury Benefit Act (WIBA) and Group Personal Accident insurance covers.
The PSSS Act is effective from January 1, 2021 and covers government employees in the civil service, police and prison officers, Teachers Service Commission (TSC), judiciary, Kenya Defence Forces (KDF), county governments, public universities, parliamentary service, state corporations and statutory bodies.
It provides that the Government shall maintain a life insurance policy with a disability benefit for each member of the PSSS Fund of not less than five times the member's annual pension.
On February 13, 2023, Ms Lemedeket wrote to the Cabinet Secretary to the National Treasury, Prof Njuguna Ndung'u, requesting funds to pay the claims.
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According to Ms Lemedeket, 1,014 Group Life claims worth Sh615.2 million and 3,070 Wiba and GPA claims worth Sh1.1 billion have been forwarded to NHIF for processing.
Ms Lemedeket's letter also indicates that 359 group life claims worth Sh306 million and 2,773 Wiba or GPA claims worth Sh941.7 million have been paid.
"In view of this, I hereby request that the premiums due to the NHIF be released to facilitate the payment of the outstanding claims and thereby further alleviate the financial constraints currently being experienced by the beneficiaries," Ms Lemedeket says in the letter.
Ms Lemedeket notes that "from the discussions held", NHIF has agreed to pay all claims and organise a countrywide assessment exercise to fast-track pending cases awaiting assessment by the Directorate of Occupational Safety and Health (DOSH).
Narok Senator Ledama Ole Kina has already petitioned the Senate to investigate why the government has abandoned the families of public servants who died or became disabled in the line of duty despite the claims being filed.
"The government has no choice but to obey the law. It cannot tell people to obey the law when it has chosen to violate the same law," said Mr Ole Kina.
Mr Ole Kina wants Parliament to form an ad hoc committee to summon Cabinet Secretaries Prof Njuguna Ndung'u (National Treasury) and Ms Aisha Jumwa (Public Service) to explain why the government has not released the entitlements to the affected families.
The chairpersons, members and CEOs of the PSSS Board of Trustees, the Public Service Commission (PSC), the Teachers Service Commission (TSC), the Inspector-General of Police, the Director-General of the Kenya Prisons Service and the Chief Registrar of Judiciary are also being investigated by the Senate.
