Senate set to summon CSs Njuguna Ndung’u, Aisha Jumwa over non-payment of death claims
Senator Ledama Olekina during a session of the Senate’s Public Investments and Special Funds committee on August 1.
The Senate is planning to summon National Treasury Cabinet Secretary Njuguna Ndung’u and his Public Service counterpart Aisha Jumwa over the government’s failure to settle billions of shillings in benefit claims to families of deceased and injured public servants.
This follows a petition filed by Narok Senator Ledama Olekina, in which he wants the government to explain why it has violated the Public Service Superannuation Scheme (PSSS) Act of 2012.
Mr Olekina had wanted the Labour and Social Welfare committee to investigate the matter, but yesterday, he said that the Senate will instead form an ad hoc committee to undertake investigations. He said that the gravity of the issues raised in his petition “is so huge to be left to a committee of the House”.
“The issues cut across all the committees of the House such that a standing committee on its own cannot handle them conclusively,” said Mr Olekina.
Available data shows that in 2021, when the PSSS Act became operational, a total of 376 death claims alone were filed for civil servants. For police and prison officers, over 1,200 death claims were recorded in 2022.
The PSSS Act covers civil servants, police and prison officers, teachers, Judiciary, Kenya Defence Forces personnel, county government staff, public universities staff, parliamentary service and employees of State corporations and statutory bodies.
Data from the National Health Insurance Fund, contracted by the government to cover State employees, indicates that most public service institutions do not have the insurance covers required by law.
It also notes that over 1,000 police and prison officers on the private sector procured cover have died and benefits payable to next of kin are still pending, as well as over 500 life benefits for the cover provide by NHIF.
For Civil servants and the National Youth Service, the government has not released Sh4.8 billion in premiums to help facilitate claims for the over 548 death claims and over 2,000 claims under the Work Injury Benefits Act for the year 2022.
Mr Olekina noted that to establish why the government violated the PSSS Act, the Senate also plans to summon chairpersons of boards, members and CEOs of the PSSS, Public Service Commission, Teachers Service Commission, Inspector-General of Police, Director-General Kenya Prisons Service and Chief Registrar of the Judiciary.
“The government has no choice but to comply with the law. It cannot be telling people to obey the law when it has chosen to violate an Act of parliament duly in force,” said Mr Olekina.
Supporting Mr Olekina’s petition, Vihiga Senator Godfrey Osotsi said that payment of death and disability insurance claims is not a favour by the government but a statutory obligation for trustees of the PSSS as stipulated in the Act. This, he said,means that all public servants who have suffered accidental injuries, occupational illnesses or death while in service are entitled to compensation.
“It baffles why the government has not paid claims to families of public servants who have suffered injuries, occupational illness or died while in service because they are entitled to compensation,” said Mr Osotsi.
