The Senate has ordered that all claims be settled by mid-January 2025. The directive came after the House Committee on National Security, Defence, and Foreign Relations held a crucial meeting with various stakeholders, including representatives from the National Police Service Commission (NPSC), the Directorate of Occupational Safety and Health Services (DOSH), and the Social Health Authority (SHA).
The Senate’s intervention follows a petition filed by police officers through Busia Senator Okiyah Omtatah in July 2024. The petition raised concerns about delays and, in some cases, the rejection of compensation claims for officers who had sustained injuries in the line of duty. The lawmakers were particularly concerned about the bureaucratic hurdles these officers were facing, with a notable issue being the practice of requiring additional medical assessments by co-insurers even when the Department of Occupational Safety and Health (DOSH) had already approved the officers’ conditions.
During Thursday’s meeting, committee vice chairperson Karen Nyamu gave clear instructions to the SHA and other relevant institutions to resolve all outstanding compensation claims by the third week of January 2025. She further emphasized the importance of appearing before the committee with a comprehensive report detailing the actions taken.
A critical point of contention during the meeting was the need for secondary medical assessments by co-insurers, a practice the committee deemed unlawful. Kajiado Senator Seki Lenku expressed frustration over this procedure, questioning why injured officers should be subjected to additional medical assessments when their injuries were already validated by DOSH. Lenku criticized the practice as arbitrary, saying it subjected the officers to unnecessary suffering and delays.
The concerns raised by the committee echoed frustrations voiced by other lawmakers, including Nominated Senator George Mbugua, who accused the SHA of incompetence. Mbugua was particularly critical of the SHA’s casual responses to the committee’s inquiries. “These officers from SHA do not seem to be competent enough because the responses they are giving are very casual. They are simply telling us nothing,” he remarked.
The discussions focused on various aspects of the compensation process, including the legal grounds for rejecting claims and the interpretation of the Work Injury Benefits Act (WIBA) of 2007, which governs compensation for work-related injuries. The Act stipulates that police officers injured in the line of duty are entitled to compensation, which is usually in the form of salary continuation or a lump sum based on their annual gross salary. For permanent disability, the officer is entitled to a payment equivalent to one year’s basic salary multiplied by the percentage awarded. In the case of death, illness, or injury, the compensation amounts to eight years of the officer’s gross salary.
The state Department of Interior had entered into an agreement with the now-defunct National Hospital Insurance Fund (NHIF), which was later absorbed by the SHA, to provide group life cover, WIBA, and General Purpose Accident (GPA) insurance for National Police Service members. However, the delays in compensation have raised serious concerns about the effectiveness and efficiency of SHA in handling these claims.
Eliud Kinuthia, the chairperson of the NPSC, defended the commission, absolving it of blame for the delays. He pointed the finger at the SHA, questioning why the agency continued to subject officers to second medical reviews despite initial approvals by DOSH. Kinuthia emphasized that the NPSC had fulfilled its obligations, and it was the SHA’s inefficiency that had caused the prolonged delays.
The Senate’s decision to intervene and set a firm deadline for the settlement of these claims is a crucial step in addressing the grievances of the police officers. It underscores the need for urgent reform in how compensation claims for the disciplined services are handled to ensure that officers receive the support and compensation they deserve for their service to the country. The deadline of mid-January 2025 will be closely watched to ensure that the promise of timely compensation is kept, as the health and welfare of police officers should not be subject to bureaucratic red tape.
